UTAH  STATEHOOD. 


Reasons  Why  it  Shb'uft"  Not 
be  Granted.  ^^mM^. 


WILL  THE  AMERICAN  PEOPLE  SURRENDER 
THE  TERRITORY  TO  AN  UNSCRUPU- 
LOUS AND  POLYGAMOUS 
THEOCRACY  ? 


EMBRACING  : 


The  Mormon  Preliminary  Movement ;   the  Demo- 
cratic and  Republican  Refusal  to  Take  Part  and 
Their  Reasons  Therefor ;  Utah  Commission 
Report ;  Governor  W est  in  Opposition  { 
Review  of  the  Proposed  Mormon  Con- 
stitution ;  Its  Failure  to  Meet  the 
Requirements  of  the  Occasion. 


nl0i  SALT  hAmfJ^TY  i  ~ 

'  ^  *        1    Tribune  Print. 

1887. 


1 


THE  MOVEMENT  FOR  STATEHOOD. 


On  the  17th  of  June,  1887,  a  proposition  for  a  Co'flsHtufcc&pI  Convention,  arid  an 
application  to  Congress  for  the  admission  of  the  Territory  .ac  p'  S?tatT  was  suddenly 
sprung  in  Utah.  Its  initial  step  was  the  call  for  the  Convention;  'tifs^wjs  '  presently 
„  followed  by  a  proposition  by  what  is  locally  known  as  the  "People's  Party" 
r ">•  to  the   Democratic  aid  Republican  organizations    in  the    Territory,  solicit- 
*'%  ing  their  co-operation  in  the  movement,  and  offering  to  accord  them  a  "fair 
representation  in  the  Convention."   This  proposition  was  declined  by  them,  for 
"j  reasons  which  fully  appear  in  the  correspondence  appended  hereto. 
^       According  to  the  plan,  "mass  conventions"  were  held  in  the  several  counties, 
delegates  were  chosen  by  acclamation,  without  regard  to  the  forms  of  election  or  qualifi- 
*X  cation  of  voters,  in  about  one  week,  and  the  Convention  assembled  on  the  30th  and 
went  through  the  form  of  adopting  a  Constitution,  with  some  provisions  designed  to 
' '  disarm  opposition,  which  are  utter  failures,  if  not  satisfactory. 

The  non  Mormon  population  of  the  Territory,  of  both  National  parties,  as  a  body, 
declined  to  participate  in  the  "mass  conventions,"  or  in  the  proceedings  of  the  Con- 
si  vention;  but  united  in  a  body  as  the  Liberal  Party  of  the  Territory  in  opposition  to  the 
o  politico-religious  rule  of  the  dominant  sect;  they  held  a  Territorial  Convention  which 
^  adopted  resolutions  declining  to  take  part  in  the  movement,  for  the  reasons  which  are 
~  therein  stated,  the  same  being  hereto  annexed. 

In  taking  this  position,  the  non-Mormons  of  the  Territory  were  thoroughly  im- 
pressed by  their  experience  and  au  intimate  knowledge  of  tho  spirit  and  methods ol  the 
dominant  sect,  that  the  admission  of  the  Territory  as  a  State  under  control  of  this 
.  bitter  sectarianism  would  be  destructive  to  their  personal  rights  and  material 
interests,  the  measure  of  protection  now  enjoyed  under  national  supervision  being 
withdrawn.  They  do  not  believe  that  there  is  any  real  intention  on  the  part  of  the 
Mormons  to  abandon  or  punish  the  crime  of  polygamy,  or  to  renounce  political  con- 
trol by  ecclesiastical  organization,  but  are  firmly  convinced  that  the  principal  purpose 
of  the  movement  is  to  entrench  both  under  the  power  of  a  State,  untrammeled  by 
IP*"*  National  laws. 

To  show  that  their  apprehensions  are  well  founded,  a  brief  reference  may  be 
j    made  to  the  history  of  the  Territory  and  to  the  methods  of  the  Mormon  Church,  which 
j    is  a  most  thorough  organization  for  political  not  less  than  for  so-called  religious 
purposes.   The  lust  for  political  power  and  its  abuse  have  been  characteristic  of  the 
}    political  branch  of  the  Mormon  Church  which  has  appropriated  the  Territory  of  Utah. 
Merely  premising  the  uniform  results  of  their  contact  with  the  States  of  Ohio,  Missouri 
and  Illinois,  brief  mention  may  be  made  of  a  few  facts  in  the  history  of  Utah  under 
Mormon  rule  in  its  relation  to  the  Nation, 

At  the  first,  the  office  of  Governor,  by  a  mistaken  policy,  was  put  in  the  hands  of 
!  the  head  of  the  Church,  and  the  political  power  of  the  Territory  was  wholly  surrendered 
j  to  its  control.  Thus  intrenched,  its  Legislature  embarked  in  a  scheme  to  secure  to  the 
Territory  complete  autonomy;  it  established  the  Mormon  Church,  an  independent 
military  organization  and  an  independent  judiciary,  in  defiance  of  the  Organic  Act;; 
organized  a  corporation  with  unprecedented  powers  and  privileges,  made  fraudulent 
grants  of  public  land  to  carry  out  a  gigantic  system  of  pauper  immigration  of  converts, 
and  provided  by  special  grants  and  general  regulation  for  engrossing  the  public  land, 


timber  and  water  in  the  Territory,  so  as  to  exclude  "outsiders"— all  this  under  the 
claim  of  a  State  government  disguised  as  a  Territory. 

Having  thus  s#ubsjaj»ttallyvin  independent  government,  the  next  step  was  to  drive 
out  the  itut*es^n<?^fetr.u,5>  a  rebellion,  without  a  single  grievance;  a  general  pardon 
from  tfue  fVeertlerrt'w'as  rec£4v$d/«a\  aa  "intervention  of  Providence,"  and  the  Govern- 
ment ami  peo5\e,o^kheXu*t^fiSrVfe<?have  been,  from  that  day  to  the  present,  regarded 
by  the,ui  ^euem\e*«  cff  'vttiis  people." 

T&e  j&djciary'systejy.  bfltitg  thus  disorganized  by  the  illegal  acts  of  the  local 
Legigkrtfire,  all  ^lr^i^i^nV^/raMnal  aud  civil,  continued  to  be  exercised  by  the  local 
courts,  an$1Jh»!iH»e£.at$ointed  by  the  President  were  idle  spectators,  till  Congress 
fiDally  inttjrfepdti,  "and,  by  the  Poland  Act  in  1874,  disapproved  of  these  illegal  local 
acts  aud  settled  the  jurisdiction  of  the  various  grades  of  courts.  But  that  act  intro- 
duced a  vice  into  the  jury  system  by  grautiug  to  a  Mormon  agent  the  power  to  select 
half  the  panel  from  which  all  juries  were  to  be  drawn.  It  was  not  surprising  that 
this  concession  rendered  the  execution  of  the  law  a  farce  in  all  cases  where  the  law  was 
distasteful  to  the  Mormons.  This  judicial  paralysis  continued  until  1884,  when  it  was 
decided  by  a  District  Court,  and  affirmed  by  the  Territorial  and  United  States  Supreme 
Courts,  that  the  District  Courts  were  not  confined  to  the  panel  of  200  jurors  thus 
selected,  but,  when  that  panel  was  exhausted,  might  resort  to  an  open  venire.  This 
decision  put  the  laws  into  effect  in  1881,  aud  it,  applied  in  the  enforcement  of  the 
Edmunbs  act  of  1882,  has,  during  the  last  three  years,  put  into  successful  operation 
the  National  laws  which  are  distasteful  to  the  Mormons.  The  result  was  that  the  chief 
leaders  of  the  Church  absconded  or  went  into  concealment,  aided  and  abetted  by  the 
'body  of  the  Mormon  people,  and  a  large  number  of  lesser  note  have  been  convicted 
of  church  crimes  and  confined  in  the  Penitentiary,  after  having  rejected  the  offer, 
by  the  Courts,  of  freedom  from  that  punishment  on  the  mild  condition  of  a 
promise  on  their  part  to  obey  the  law  in  future. 

At  length,  being  brought  face  to  face  with  law,  the  Mormon  power  in  Utah, 
has  resorted  to  two  expedients,  which  are  wholly  inconsistent,  in  order  to  secure 
relief  from  the  predicament:  the  first  was  a  bold  defiance  of  the  law  and  decisions 
of  courts  in  the  name  and  pretext  of  religion;  the  other  was  a  subterfuge  of  an 
equivocal  declaration  by  which  they  offer  to  enforce  law  against  what  they  claim  as 
religion,  on  condition  that  Congress  shall  emancipate  them  from  National  control  and 
invest  them  with  the  powers  of  a  State. 

At  a  General  Conference  of  the  Mormon  Church  held  at  Logan  on  the  6th  of  May, 
1385,  it  was  unanimously  resolved  "that  a  committee  be  appointed  to  draft  a  series  of 
resolutions  and  a  protest  to  the  President  of  the  United  States,  and  to  the  Nation,"  and 
to  report  the  same  to  a  mass  meeting  to  be  afterwards  called.  A  committee  of  twenty- 
two  (of  which  Hon.  John  T.  Caine,  present  Delegate  to  Congress  from  Utah  was 
chairman)  was  appointed.  They  prepared  an  address  and  protest  accordingly,  which 
was  submitted  to  mass  meetings  called  in  the  several  counties  in  the  Territory  on  May 
2,  1885,  and  by  each  of  these  meetings  was  unanimously  adopted,  and  said  Caine  was 
deputed  as  the  agent  of  the  Mormon  Church  and  party  to  present  the  address  and  pro- 
test to  the  President  and  Nation.  This  document  thus  had  the  most  formal  and  posi- 
tive endorsement  of  the  Mormon  Church  and  "People's  Party,"  and  may  be  taken  as 
the  deliberate  expression  of  their  convictions  and  determinations  as  to  the  issue  which 
they  had  forced  on  the  Nation  by  opposition  to  its  laws.  This  address  arraigns  the 
Government  and  the  courts  for  persecution  because  of  the  execution  of  the  laws 
against  polygamy  and  unlawful  cohabitation,  and  among  other  things  makes  the  fol- 
lowing deliberate  declaration : 

"Among  the  principles  of  our  religion  ts  that  of  immediate  revelation  from  God;  one  of 
the  doctrines  so  revealed  is  celestial  or  plural  m  -  Triage,  for  which  ostensibly  we  are  stigma- 
tized and  hated.  This  is  a  vital  part  of  our  religion,  the  decisions  of  courts  to  the  contrary  not- 
withstanding. Even  the  Utah  Commission  concede  this.  In  their  report  to  the  Secretary  of  the 


—  5  — 


Interior,  November.  1884,  speaking  of  plural  marriage,  they  say:  'This  article  of  their  faith  is 
as  much  an  essential  and  substantial  part  of  their  creed,'  as  their  belief  in  baptism,  repent- 
ance for  the  forgiveness  of  sins,  and  the  like.  *  *  *  All  orthodox  Mormons  believe  polygamy 
to  be  right,  ana  that  it  is  an  essential  part  of  their  creed.' " 

This  address  failed  to  have  its  desired  effect  upon  the  Nation;  prosecutions  and 
convictions  went  on  and  defiance  of  the  laws  under  pretext  of  religion  continued, 
until  Congress  found  it  necessary  to  enact  further  and  more  stringent  provisions  to 
suppress  the  inveterate  evils,  and  the  Edmunds-Tucker  act  of  March  3,  1887,  was 
passed.  The  passage  of  a  much  more  stringent  bill  by  the  House  created  widespread 
consternation  in  Utah,  because  it  proposed  to  withdraw,  in  large  measure,  political 
power  from  hands  which  had  always  used  it  to  defeat  and  nullify  the  National  laws. 

Thus  the  issue  in  Utah  was  narrowed  down  to  this  alternative:  the  Mormons 
must  either  submit  to  the  law,  or  find  some  road  out  of  the  predicament.  They  chose 
the  latter.  While  they  are  still  defying  the  National  laws,  the  expedient  of  a  Con- 
stitutional Convention  and  an  application  for  Statehood  was  adopted,  under  duress  of 
the  situation. 

Now,  as  to  the  proposed  Constitution:  In  view  of  the  deliberate,  formal  and  un- 
animous declaration  of  the  Mormon  people  made  only  two  years  ago,  that  polygamy 
is  a  vital  part  of  their  religion,  can  the  equivocal  and  suspicious  declaration  in  Sec.  11, 
Art.  15,  be  considered  as  made  in  good  faith  and  with  an  honest  purpose  to  carry  it 
into  execution?  If  the  declarations  in  the  unanimous  address  of  1885  were  sincere, 
this  provision  in  the  Constitution  is  a  shallow  and  contemptible  pretence;  and  if  this 
Constitutional  provision  was  intended  as  the  expression  of  an  honest  purpose  to 
abandon  and  suppress  the  crime  of  polygamy,  then  the^address  of  1885  is  a  play  of 
hypocrisy  and  fraud  to  cloak  crime;  and  the  Hon.  JohnT.  Caine,  Delegate  in  Congress, 
who  signed  and  presented  the  address  and  who  presided  over  the  Convention  and 
subscribed  the  proposed  Constitution,  has  spitted  himself  on  the  horns  of  this 
dilemma,  as  a  spectacle  for  the  Nation. 

Section  12  of  article  15  of  the  proposed  Constitution  is  as  follows: 

Sec.  12.  Bigamy  and  polygamy  being  considered  incompatible  with  a  republican 
form  of  government,  each  of  them  is  hereby  forbidden  and  declared  a  misdemeanor.  Any 
person  who  shall  violate  this  section  shall,  oti  conviction  thereof.be  punished  by  a  line  of  not 
more  than  one  thousand  dollars  and  be  imprisoned  for  a  term  of  not  less  than  six  months 
nor  more  than  three  years,  in  the  discretion  of  the  court.  This  sectl  n  shall  be  construed 
as  operative  without  the  aid  of  legislation,  and  the  offenses  prohibited  by  this  section  shall 
not  be  barred  by  any  statute  of  limitation  within  three  years  after  the  commission  of  the 
offense;  nor  shall  the  power  of  pardon  be  extended  thereto  until  such  pardon  shall  be 
approved  by  the  President  of  the  United  states. 

This  extraordinary  effort  of  statesmanship  presents  the  anomalv  of  a  penal  statute 
and  a  statute  of  limitation  combined,  and  proposes  such  a  union  of  Federal  and  State 
legislation  and  executive  functions  as  no  wisdom  had  hitherto  conceived.  There  is  no 
minimum  limit  of  the  fine  and  it  may  be  one  cent.  The  crime  is  a  mere  misdemeanor, 
and  being  so  classified  in  the  constitution,  no  future  legislature  could  declare  or  pun- 
ish it  as  a  felony.  No  disability  is  annexed  to  a  conviction,  and  persons  committing 
the  crime  in  future  or  continuing  in  their  present  criminal  relations,  could  vote  and 
hold  offices  in  the  proposed  State.  Conviction  of  treason  and  felony 
alone  deprives  the  accussed  of  the  privileges  of  an  elector;  and  all  burden  is  taken 
from  the  shoulders  of  the  Legislature  of  the  State  in  providing  for  the  enforcement  of 
this  provision— it  is  to  bs  self-operative  without  the  aid  of  legislation,  and  it  might  as 
well  be  further  provided,  without  the  aid  of  courts,  judges,  prosecutors,  or  juries,  for  it  is 
not  within  the  scope  of  probabilities  that  an  organized  community,  which  claims  that 
these  crimes  are  a  "vital  part"  of  their  religion,  will  now  enforce  this  provision.  It 
is  an  empty  promise,  but  half  made,  and  designed  to  mislead.  Up  to  this  day  this 
whole  Mormon  community,  with  united  voice,  assail  the  government  and  its  courts 
with  loud  accusations  of  persecution  for  executing  National  laws  against  these  very 
crimes. 

The  non-Mormons  of  Utah  do  not  believe  that  the  application  for  Statehood  is 
made  in  good  faith,  or  with  any  purpose  of  abandoning  polygamy  or  of  even  punish- 


ing  it;  but  it  is  their  unanimous  ODinion  that  the  admission  of  Utah  as  a  State  under 
control  of  the  Mormon  political  party  would  result,  first  in  loss  of  their  personal  rights 
and  property,  and,  second,  in  an  inevitable  conflict  with  the  Federal  Government. 

The  Mormons  are  a  law  to  themselves,  and  respect  no  law  which  does  not  suit  them, 
or  which  may  conflict  with  their  pretended  revelations.  Tbey  have  never  kept  faith 
with  any  government  or  party.  They  have  rejected  all  overtures  of  Congress  designed 
to  lead  them  to  a  respect  for  its  laws  and  to  impress  them  with  its  clemency.  When 
allowed  au  appeal  to  the  United  States  Supreme  Court  on  convictions  for  polygamy,  it 
was  in  hope  on  the  one  side,  and  an  implied  promise  on  the  other,  that  the  final  decis- 
ion would  be  respected  and  the  law  thereafter  obeyed:  but  a  decision  sustaining  the 
constitutionality  of  the  law  was  overturned  and  the  crime  ran  riot,  "the  decisions  of 
the  courts  to  the  contrary  notwithstanding."'  When  all  the  fruits  of  the  crime  born 
prior  to  January,  1883,  were  legitimated  by  act  of  Congress,  in  answer  to  pitiful  ap- 
peals in  their  behalf,  it  was  in  the  hope  on  the  part  of  Congress,  and  upon  an  implied 
promise  on  the  part  of  the  Mormons,  that  they  cease  the  adulteration  of  population 
thereafter;  but  the  same  result  followed— the  evil  has  gone  on  in  its  wide-spreading 
circles— and  this  concession  was  made  the  basis  of  a  further  claim  which  was  urged 
before  the  courts  to  defeat  the  law  against  unlawful  cohabitation,  viz.,  that  Congress 
having  legitimated  their  children,  it  could  not  rightly  claim  that  the  fathers  should 
not  continue  the  marital  relation  with  their  mothers.  When  given  the  power  to  draw 
half  the  panel  of  jurors,  they  exercised  the  same  to  defeat  the  execution  of  the  laws, 
and  their  organs  with  a  sense  of  security,  said  in  derision  to  the  officers  of  the 
law,  "Now  you  have  the  courts  and  the  law,  why  don't  you 
execute  it?"  and  people  talked  of  the  "Mormon  problem"  as  something 
insoluble.  But  three  years  of  practical  operation  of  the  laws,  though  against  many 
obstacles  interposed  (among  which  is  frequent  and  shameless  perjury)  has  produced 
the  present  crisis  in  Utah.  The  Mormons  seek  Statehood  to  get  out  of  the  dilemma 
without  submitting  to  the  law;  the  non-Mormons  of  Utah  appeal  to  Congress  not  to 
deliver  them  over  to  a  majority  which  treats  all  others  as  enemies.  These  ask  that 
Congress  continue  the  aegis  of  its  protection  over  them  until  Utah  is  brought  into  har- 
mony with  free  and  civilized  institutions,  and  that  the  National  laws  be  continued  in 
force  to  that  end;  that,  if  the  obstinate  and  continued  evils  shall  render  it  necessary, 
such  laws  may  be  so  amended  and  extended  to  reach  and  entirely  suppress  the  evils; 
and,  especially,  that  delegated  political  power  may  be  withdrawn  where  it  is  used 
to  nullify  the  National  laws  and  fortify  these  inveterate  evils. 

The  Mormon  power  is  utterly  irreconcilable  with  and  repugnant  to  all  civil  govern- 
ment: in  its  aspirations  and  its  maxims,  or  dogmas,  it  is  subversive  of  all  governments 
but  its  own.  It  is  anti-republican  and  essentially  monarchical  in  its  organization, 
and  is  characterized  by  the  feature  of  a  few  schemers  who  command,  a  large  igno- 
rant mass  who  obey,  and  these  are  not  the  elements  out  of  which  a  free  State  can  be 
created. 

At  the  Territorial  election  held  in  August,  1887,  the  Mormons  or  "  People's  Party" 
voted  almost  unanimously  to  ratify  the  so-called  constitution,  (as  appears  by  an  un- 
official count),  but  the  Gentiles  or  non-Mormons,  as  a  body,  declined  to  vote  on  the 
question.  The  latter,  howover,  of  both  National  parties,  united  as  the  Liberal  party, 
made  nominations  for  District  and  County  officers,  and  succeeded  in  electing  four 
members  of  the  Legislature.  A  short  time  before,  by  a  like  united  effort,  they  had 
succeeded  in  electing  school  trustees  in  three  or  four  of  the  school  districts  of  Salt 
Lake  City.  Civilization  has  begun  to  move  in  Utah,  though  its  progress  is  slow. 
Admit  the  Territory  as  a  State,  and  retrogression  will  succeed,  and  the  said  "  vital 
principle"  and  all  "essential  parts"  of  the  Mormon  creed  will  find  free  action, 
without  restraint  of  law,  and  the  minorty  will  be  abandoned  without  its  protections; 
and  after  all  the  Nation  will  have  a  more  aggravated  "  Utah  question"  to  settle  behind 
a  State  Constitution. 


THE  MORMON  INVITATION  AND  THE  GENTILE  REPLY, 


The  following  correspondence  is  self- 
explanatory: 

Headquarters  People's  ) 
Territorial  Central  Committee,  > 
Salt  lake  City.  Utah,  June  17, 1887.  ) 
J.  B.  Bosborough,  Bsg.,  Chairman  Central 
Committee,  Democratic  Barty  of  Utah,  Salt 
Lake  City,  Utah:— Dear  Sir— The  Territorial 
Central  Committee  of  the  People's  Party, 
considering  that    the  time  is  propitious 
for     an      application     for  admission 
into     the    Union,     of    the  Territory 
of  Utah,  has  called  mass  conventions,  to  be 
held  in  the  several  counties,  June  25th,  to 
nominate  delegates  to  a  Constitutional  Con- 
vention to  be  held  in  this  city  June  30,  1887. 

ON  BEHALF  OF 

CHAIRMAN  ROSBOROUGH'S  REPLY. 

Salt  Lake  City,  June  24, 1887. 

John  B.  Winder,  Esq.,  Chairman  Beople's 
Territorial  Central  Committee  /—Dear  Sir:— 
I  have  the  honor  to  acknowledge  the  receipt 
on  Sunday  the  18th  inst,,  of  your  favor  of  the 
17th  inst.,  announcing  that  your  committee 
had  called  "mass  conventions"  to  meet  in  the 
several  counties  on  the  25th  inst.,  to  nominate 
delegates  to  a  Constitutional  Convention  to  be 
held  in  this  city  on  the  30th  inst.,  and  inviting 
the  co-operation  of  the  Democratic  Party  of 
Utah  in  the  movement,  with  the  understand- 
ing that  they  will  be  accorded  "a  fair  represen- 
tation," in  such  convention. 

Having  determined  the  propriety  of  the 
measure  and  taken  action,  you  ask  our  co- 
operation. The  brief  interval  of  less  than  a 
week,  has  precluded  the  possibility  of  getting 
our  committee  together,  to  consider  and 
answer  in  a  more  formal  manner  your  pro- 
posal, or  present  to  you  such  counter-proposal 
as  is  hereinafter  indicated,  looking  to  a 
previous  consideration  and  discussion  of  the 
propriety  and  expediency  of  such  a  movement; 
under  existing  conditions  in  the  Territory. 

Your  proposition,  in  plain  words,  is  that  the 
Democrats  in  the  Territory  unite  with  you  in 
asking  Congress  to  retire  from  the  issue 
forced  upon  the  Federal  Government  by  op- 
position to  its  laws  maintained  by  the  domi- 
nant party  in  the  Territory,  and  invest  Utah, 
under  the  continued  domination  of  that  party 
reinforced  by  its  lately  disfranchised  members 
with  the  powers  of  State  Government.  Now, 
so  far  as  I  know,  there  is  not  a  Democrat,  or, 
as  for  that  matter,  a  single  non-Mormon  of 


It  is  desired  that  this  movement  be  made  as 
general  as  possible,  and  that  all  classes  of  the 
people  of  the  Territory  shall  participate  in  it. 
We  therefore  solicit  the  co-operation  of  the 
Democratic  Party  of  Utah,  and  through  you 
as  its  chairman,  we  respectfully  invite  your 
committee  and  your  party,  to  take  an  active 
part  in  the  mass  conventions,  and  to  assist  in 
the  nomination  of  delegates  to  the  Constitu- 
tional Convention,  with  the  understanding 
that  if  you  accept  this  invitation,  your  party 
shall  be  accorded  a  fair  representation  in  the 
convention. 

By  order  of  the  People's  Territorial  Central 
Committee.      John  R.  Winder,  Chairman. 
Junius  Wells,  Cor.  Secretary. 

THE  DEMOCRATS. 

any  shade  of  political  faith  in  Utah,  who  is 
willing  to  co-operate  in  the  proposed  measure, 
or  would  not  regard  its  consummation  as  not 
only  destructive  of  their  individual  rights  and 
interests,  but  suicidal  to  the  peace  and  pros- 
perity of  the  Territory.  A  long  residence  here, 
and  a  familarity  with  the  discussions  elicited 
by  the  abnormal  condition  of  affairs  in  Utah, 
have  impressed  me  with  a  sense  of  the  unani- 
mity of  that  opinion  and  belief,  and  the  reasons 
therefor.  In  giving  expression  to  the  same 
and  of 

THEIR  UNWILLINGNESS  TO  JOIN 

in  your  design  of  a  State  Government,  it  Is 
proper  that  I  should  here  state  some  of  these 
reasons  in  order  that  the  same  may  be  better 
understood,  and  that  the  country  may  judge, 
whether  the  time  is  "propitious"  or  the 
Territory  prepared  for  Statehood. 

1.  It  Is  the  duty  of  Congress  to  secure  to 
the  several  States  in  the  Union,  a  Government, 
Republican  in  fact  and  In  spirit,  as  well  as  in 
form,  and  this  obligation  imposes  the  further 
duty  of  seeing,  before  the  admission  of  any 
new  State,  that  its  people  are  prepared  for  the 
safe  exercise  of  State  control,  and  in  harmony 
with  our  political  institutions.  Utah  under 
the  control  of  your  party,  invested  with 
delegated  powers,  has  stood,  for  a  quarter  of  a 
century,  and  still  stands,  arrayed  against. 
National  laws,  and  used  these  delegated 
powers  to  defeat  their  operation. 

2.  Your  party  Is  the  dominant  church,  and 
tl  at  church,  as  a  political  organization,  consti- 
tutes your  party;  nothing  contained  In  one.  is 
wanting  in  the  other,  and  neither  contains 


—  8  — 


what  is  not  tolerated  in  the  other:  they  are 
one  and  the  same  in  their  membership,  so 
that  independent  political  action  by  an  indi. 
vidual,  can  never  occur  except  with  apostacy 
from  the  creed.  The  theory  upon  which  our 
republican  institutions  are  based,  is  that  all 
political  power  is  derived  from  the  people. 
On  the  contrary  the  leaders  of  your  party, 
claim  and  teach,  and  their  followers  concede 
that  all  rightful  political  power  is  derived 
from  God,  and  is  delegated  to  his  chosen 
ministers,  who  have  a  divine  commission  to 
rule  over  the  people,  whose  first  duty  is  to 
obey  counsel  (i.  e.,  submit  to  dictation)  in 
temporal  as  well  as  spiritual  concerns;  and 
they  further  hold  and  teach,  as  a  political 
maxim,  as  well  as  a  dogma  of  a  creed,  that 
this  divine  commission  entitles  them  to  the 
present  right  to,  and  the  near  future  posses- 
sion of  universal  sovereignity  to  be  founded 
upon  the  ruins  of  all  secular,  ("man  made") 
governments.  Such  assumptions  are  utterly 
repugnant  to  American  institutions,  but  at  the 
same  time  these  pretentions  gauge  the  patriot- 
ism of  these  leaders  and  denote  the  intelli- 
gence and  other  qualifications  of  their  fol- 
lowers for  citizenship  and  Statehood. 

3.  The  assumption  of  political  power  under 
ecclesiastical  organization  has  been  the  chief 
cause  of  the  troubles  in  which 

YOUR  PARTY  HAS  BEEN  INVOLVED 

Wherever  in  contact  with  State  governments 
in  former  times,  as  in  the  States  of  Ohio, 
Missouri  and  Illinois,  and  with  Federal  au- 
thority in  Utah.  Not  satisfied  with  taking 
equal  chances  under  the  law,  with  other  reli- 
gious sects,  your  party  adopted,  and  has  al- 
ways pursued  the  policy  in  these  States,  and 
later  in  Utah,  of  gathering  their  followers 
together  in  compact  bodies,  organized  to  act 
as  a  unit,  in  an  Ishmaelicish  spirit,  for  the 
purpose  of  securing  and  holding  political 
control.  A  convincing  proof  of  this  fact,  is 
that  a  branch  or  your  faith,  which  early  repu- 
diated those  ambitious  purposes,  is  scattered 
in  many  States,  in  the  enjoyment  of  undis 
turbed  peace.  If,  clothed  with  the  powers  of 
a  sovereign  State,  an  organization  which  has 
defied  the  laws  of  States  and  waged  a  contest 
with  the  Government  of  the  United  States  in 
opposition  to  its  laws,  and  in  disregard  of  de- 
cisions of  the  Supreme  Court,  with  the  limited 
powers  of  a  Territory,  cannot  be  trusted  to 
forego  the  use  of  those  largely  increased  powers 
in  the  same  direction,  and  in  such  manner 
and  spirit  as  must  necessarily  lead  to  collision 
with  the  Federal  Government.  In  the  very 
nature  of  things,  this  would  be  inevitable;  and 
Instead  of  settling  the  vexed  Utah  question  fi- 


nally and  peaceably,  the  admission  of  the  Ter- 
ritory as  a  State  would  enlarge  and  embitter 
the  contest,  and  render  more  destructive  and 
deplorable  the  mode  of  final  settlement. 

4.  The  hasty  and  irregular  mode  you  have 
adopted  without  any  enabling  act,  without 
consideration  or  discussion,  without  the  for- 
mality of  election  of  delegates,  where  elective 
franchise  is  restricted  and  qualified,  and  with- 
out any  popular  demand,  is  objectionable, 
and  would  tend  to  defeat  the  purpose  of 
the  movement,  even  if  more  serious  objection 
did  not  exist.  After  more  than  thirty  years  of 
abuse  of  delegated,  legislative  and  judicial 
powers  by  the  Territory,  Congress  in  1882  and 
again  in  1887,  revoked  some  of  these  powers 
and  vested  them  in  Federal  agencies  with  the 
express  declaration  in  each  of  these  acts,  that 
such  revokrd  powers  should  be  withheld,  un- 
til the  Territory  by  fair  and  appropriate  legis- 
lation, should  provide  for  the  proper  exercise 
of  those  powers.  Five  years  have  elapsed,  and 
Utah  has  made  no  provision 

TO  MEET  THE  FAIR  OFFER, 

But  on  the  contrary,  has  continued  to  the 
present  time  a  factious  and  unremitting  eon- 
test  with  the  Federal  authority. 

Can  it,  with  any  reason,  be  expected  that 
Congress  will  acknowledge  defeat  and  retire 
from  the  contest,  and  vest  In  such  hands  the 
immense  increase  of  power  demanded? 

In  view  of  the  history  and  condition  of  Utah 
in  its  political  relation  to  the  Federal  Gov- 
ernment, and  the  spirit  of  opposition  to  its 
laws,  if  there  ever  was  a  reason  for  an  ena- 
bling act,  according  to  usage,  in  any  instance, 
this  Territory  presents  the  most  conspicuous 
case  for  such  prerequisite. 

5.  No  matter  what  provision  or  guarantees 
you  may  put  in  your  Constitution,  there  can 
be  no  assurance  that  the  powers  of  a  State 
Government,  if  conceded,  would  not  be  per- 
verted and  abused  by  unfriendly  and  pro- 
scriptive  legislation,  and  by  an  equally  vicious 
admnistration,  to  the  extent  of  driving  the 
hope  less  minority  from  the  State  as  "cursed 
outsiders,"  as  non-Mormons,  citizens  of  the 
United  States,  are  usually  designated  in  fash 
ionable  pulpit  oratory.  Constitutional  declara- 
tions require  legislative  enactments  to  put 
them  in  force,  and  these  require  judicial  and 
ministerial  action  to  give  them  effect.  These 
functions  would  be  committed  to  the  cov- 
enant bound  men  of  your  party,  reinforced 
by  their  associates  now  disfranchised,  in  ex- 
ile or  in  prison,  (the  "elite"  of  the  Territory, 
as  they  are  styled  by  one  chief  among  them) 
who  maintain  that  existing  laws  on  like  sub- 
jects are  contrary  to  the  commands  or  li- 


cense  of  divine  revelations,  and  therefore 
void.  And  besides,  in  a  progressive  creed,  like 
that  of  your  party,  which  claimscumulative  new 
revelations  from  time  to  time,  there  may  be 
room  and  occasion  for  abrogating  Constitu- 
tional provisions  in  obedience  to  emanations 
of  this  kind.  Any  way,  Constitutional  guaran- 
ties have  no  force  with  a  majority  who  con- 
sider them  null,  as  opposed  to  "higher  law," 
or  "divine  revelation.'' 

6.  A  most  serious  apprehension  exists  in 
the  minds  of  all  non-Mormon  people  in  Utah 
as  to  what  would  be  the  condition  and  des- 
tiny in  store  for  them  if  subjected  to  the  un- 
restricted power  of  the  dominant  major  ty 
who  are  not  a  homogeneous  American  pop- 
ulation, such  as  exists  in  other  Territories  and 
States.  A  very  large  population  has  been  re- 
cruited from  the  countries  of  the  Old  World, 
with  little  knowledge  and  less  interest  in  our 
republican  ideas,  history  and  institutions,  but 
has  come  or  been  brought  here  by  assisted 
immigration  for  the  purpose  of  building  up  a 
temporal  kingdom  and  are  thoroughly  imbued 
by  sinister  teaching  with  the  idea  that  the 
people  and  Government  of  the  United 
States  are  their  enemies.  From  the 
beginning  systematic  efforts  have  been  em- 
ployed by  the  dominant  majority  to  discourage 
and  deter  non-Mormon  American  citizens 
from  settling  in  Utah,  and  such  as  have  come 
here  have  been 

CONSTANTLY  BOYCOTTED  IN  THEIR  BUSINESS. 

They  have  been  misrepresented  and  maligned 
as  adventurers  seeking  to  rob  Mormons  of 
their  property.  By  pre-occupation  under 
bounty  of  the  Government  and  by  reason  of 
unfriendly  neighborhood  deterring  settle- 
ment by  others,  the  dominant  sect  obtained 
and  hold  substantially  all  rural  property  suit- 
able for  agriculture.  Yet  the  non-Mormons  of 
'the  Territory,  by  the  enterprise  and  capital 
they  have  brought  here,  have  opened  the 
mines  and  developed  therefrom  within  the 
last  seventeen  years,  more  than  ninety  millions 
of  dollars,  have  expended  hundreds  of  thou- 
sands of  dollars  annually  in  wages  paid  to 
Mormon  laborers  without  distinction,  and  fur- 
nished markets  for  their  agriculural  products 
before  a  drug,  purchased  and  improved  city 
property  and  contribute  at  least  one  third  of 
the  taxes  paid.  Before  the  development  of  this 
wealth,  though  the  Territory  had  been  settled 
twenty-three  years,  its  entire  annual  revenues 
did  not  exceed  $20,000  and  the  Territory  had 


no  hospital  or  asylum  or  college  or  system  of 
common  schools.  Men  who  have  accom- 
plished so  much  insist  upon  an  equal  protec- 
tion of  the  law  and  the  mode  of  its  ad- 
ministration which  a  knowledge  of  the  past 
warrants  them  in  doubting,  should  the  Terri- 
tory be  admitted  as  a  State. 

7.  The  movement  for  State  Government  is 
premature;  if  your  organization  will  first  prove 
by  their  conduct  and  acts  that  they  recognize 
the  supremacy  and  binding  force  of  National 
laws  confirmed  by  judicial  scrutiny,  without 
further  evasions  or  obstructions,  and  end  this 
state  of  chronic  semi- rebellion  (as  you  can 
easily  do,  if  you  mean  peace  under  a  State), 
you  can  show  to  Congress  convincing  evidence 
of  good  fa  th  and  a  fair  claim  to  the  boon  of 
Statehood,  without  which  your  proposed  ap- 
plication should  meet  the  fate  of  its  several 
predecessors. 

8.  Considering  that  a  compliance  with  your 
invitation  to  co-operate  with  your  party  in  the 
proposed  step  would  lend  to  it  the  specious  ap- 
pearance of  being  a  spontaneous  movement 
originating  with  the  people  at  large,  including 
all  classes,  we  prefer  to  leave  its  manage- 
ment and  fortunes  to  you  alone,  pend- 
ing the  unsettled  contest  between 
your  party  and  the  Government, 
while  we  appeal  to  the  sense  and  magnanim- 
ity of  the  nation,  to  avert  what  we  sincerely 
believe  would,  under  existing  circumstances 
and  conditions  here,  prove  a  ruinous  calamity. 

But  after  conferring  with  such  of  our  com- 
mittee as  could  be  reached  in  the  brief  time 
you  allow,  I  am  authorized  by  them  to  say  to 
you,  that  if  you  will  suspend  your  proposed 
action  and  call  public  meetings  at  some  dates 
mutually  agreed  upon,  to  discuss  the  propriety 
of  calling  a  constitutional  convention  under 
the  usuai  forms,  and  whether  the  time  is  "pro- 
pituous"  or  the  people  of  the  Territory  pre- 
pared to  exercise  the  powers  and  rights  of  a 
sovereign  State  and  will  concede  the  represen- 
tation you  mention,  delegates  named  as  our 
committee  may  propose,  will  attend  such  pub- 
lic meetings  and  discuss  with  you  those  ques- 
tions, at  which  time  we  will  undertake  to  show 
from  the  record  and  history  of  your  own  party 
written  by  your  own  leaders,  and  by  other  evi- 
dence proof  of  the  truth  of  the  facts  herein 
aforesaid,  as  reasons  why  Utah  should  not 
seek  or  be  accorded  Statehood  under  existing 
conditions.  Respectfully, 

J.  B.  Rosborough, 
Chairman  Dem.  Ter.  Com. 


ON  BEHALF  OF  THE  REPUBLICANS. 


The  following  is  the  reply  of  the  Terri- 
torial Republican  Committee  to  an  invita- 
tion from  Mr.  Winder  of  the  "People's" 
committee,  identical  with  that  sent  to 
Judge  Rosborough,  and  made  introductory 
to  his  reply  elsewhere  given: 

Salt  Lake  City.  June  24. 1887. 

John  1{.  Winder,  Esq.,  Chairman  of  People's 
Party  Territorial  Central  Commute,  Salt  Lake 
City,  Utah  /—Dear  Sir  :— Your  letter  addressed 
to  the  chairman  of  the  Republican  Central 
Committee,  w.is  not  received  until  three  days 
since,  by  reason  of  his  temporary  absence, 
and  the  brief  time  since,  has  precluded  con- 
sultation among  the  entire  committee,  but 
having  had  a  meeting  of  a  majority  for  the 
purpose  of  considering  your  letter,  we  now  re- 
turn you  this  reply,  and  wish  to  say  that  it  is 
the  unanimous  conclusion  of  all  who  have 
been  consulted. 

Your  letter  invites  the  Republicans  of  Utah, 
through  their  Central  Committee,  to  take  part 
in  mass  meetings,  called  by  the  People's  Party 
"to  select  delegates  to  a  convention  which  is 
to  prepare  a  constitution,  with  a  view  to  her 
application,  by  the  Territory  or  Otah,  for  ad- 
mission into  the  Union  as  a  State."  We  ac- 
knowledge with  pleasure,  the  courtesy  which 
prompted  your  invitation,  while  we  sincerely 
regret  that  the  brief  time  permitted  us  for  a 
reply,  as  well  as  for  consultation,  will  not 
allow  us  to  answer  your  Invitation  as  we 
would  desire.  The  exigencies  of  your  call  for 
the  meetings  to  which  we  are  Invited,  entitle 
you  to  an  immediate  reply,  and  we  must  nec- 
essarily abridge,  rather  than  elaborate  this  re- 
sponse. 

We  acknowledge  the  importance  of  the  sub 
ject  of  your  letter.  The  question  of  State- 
hood for  Utah  involves  to  a  great  degree  the 
most  vital  interests  affecting  the  welfare  and 
prosperity  of  the  people  of  Utah,  and  has  as 
we  conceive,  even  a  greater  importance  to  the 
Gentile  or  non-Mormon  portion  which  we 
represent  than  to  those  of  your  committee. 
We  concede  freely  the  gravity  of  the  prcposi- 

on.  and  shall  discuss  it,  we  hope,  with  the 
solemnity  which  properly  attaches  to  it. 

We  regret  exceedingly  that  your  invitation 
by  its  terms  assumes  that  the  propriety  and 
expediency  of  Utah  becoming  a  State  Is  not  a 
question  to  be  considered.  As  this  is  the 
most  vital  question  in  issue,  we  shall,  before 


concluding,  discuss  it,  because  while  we  can- 
not for  other  reasons,  accept  your  invitation, 
we  regard  this  question  as  by  far  the  most 
important  one  belonging  to  the  discussion. 

Preliminary  to  that,  however,  we  call  atten- 
tion to  the  manner  in  which  our  co-operation 
is  sought. 

You  say,  with  a  manner  bordering  upon  the 
patronizing,  that  your  committee  solicit  "the 
co-operation  of  the  Republican  party  of 
Utah"  In 

YOUR  MOVEMENT  FOR  STATEHOOD 

And  invite  that  party  to  take  an  active  part 
in  the  mass  conventions  called  by  your  Com- 
mittee, with  the  assurance  that  if  we  do  so  we 
"shall  be  accorded  a  fair  representation"  in 
the  proposed  convention.  As  we  are  advised 
by  the  public  press  that  a  like  invitation  has 
been  extended  to  the  Democratic  party  of 
Utah,  we  may  fairly  assume  that  the  propo- 
sition amounts  to  this:  The  People's  party  by 
its-  Committee  having  called  upon  its  follow- 
ers to  elect  delegates  to  the  proposed  conven- 
tion which  it  has  decided  to  hold,  proposes 
that  the  Republicans  and  Democrats  shall 
enter  the  People's  party  organization  and 
meetings  and  allow  such  meetings  to  select 
delegates  from  the  entire  mass  assembled, 
with  the  assurance  that  a  fair  representation 
will  be  "accorded"  to  Republicans  and  Demo- 
crats. Instead  of  our  political  organization 
choosing  its  own  representatives  from  among 
the  party,  we  are  Invited  into  the  camp  of 
another  party,  or  rather  two  other  parties,  and 
told  that  these  two  and  ourselves  may  select  a 
number  of  Republicans,  such  as  the  whole 
shall  decide  is  "fair,"  as  delegates  to  the 
convention.  Instead  of  the  Republican  party, 
therefore,  being  called  upon  to  send  dele- 
gates of  its  own  choosing  to  the  convention, 
it  is  asked  to  allow  those  not  of  its  party,  to 
select  its  representatives  for  it.  Perhaps  if  a 
proposal  of  th's  kind  were  made  by  the  two 
great  national  parties  to  each  other,  that  Is, 
each  party  should  allow  its  opponent  to  select 
its  candidates  for  public  station,  the  sub- 
stance of  the  proposition  would  be  more 
readily  understood;  but  we  take  it  there 
would  be  no  difference  between  such  a  prop- 
osition and  the  one  submitted  to  us,  except, 
that  while  you  propose  to  select  the  Repub- 
lican delegates,  you  do  not  indicate  any 
willingness  to  "accord"  to  the  Republican 


4 


—  11  — 


party,  the  like  privilege  of  selecting  the 
delegates  of  the  People's  party.  Passing 
this,  however,  there  is  another  view  of 
the  subject  to  which  we  desire  to  call  at- 
tention. The  "People's  party"  is  admittedly 
a  local  party  in  Utah  Territory.  It  claims 
neither  connection  nor  affiliation  with  either 
of  the  great  national  parties  of  the  country, 
and  even  in  the  situation  of  a  candidate  for 
the  National  Congress,  it  maintains  its  op- 
position to  both  those  parties.  It  is  not 
only  a  distinct  party,  but  its  followers,  as 
is  well  known,  are  made  up  exclusively  of 
one  class  of  people  in  Utah— those  who 
are  adherents  of  the  Mormon  Church. 
This  party  has  hitherto,  as  we  shall  show, 
been  unsuccessful  in  the  frequent  applica- 
tions it  has  made  to  secure  the  admission 
of  Utah  into  the  Union  as  a  State,  and  find- 
ing this,  in  their  opinion,  a  "propitious 
time"  to  renew  their  former  efforts  in 
that  direction,  desire  to  enlist  the  co-opera- 
tion of  those  organizations  which  have 
political  relations  and  influence,  with 
the  two  great  parties  of  the  country, 
to  aid  it,  in  securing  the  success  of  its 
scheme.  We  are  asked  by  the  Mormon  Church 
party,  speaking  plainly,  not  to  decide  upon  the 
expediency  and  propriety  of  the  measure  it 
proposes,  but  to  assist  them  to  do,  what  they 
have  failed  to  accomplish  without  us.  In  fact, 
your  invitation  while  entirely  polite  in  form, 
bears  on  its  face  evidence  that  you  regard  it  as 
condescension,  when  you  allow  us— "accord" 
is  the  word— the  privilege  of  aiding  you  in  se- 
eming an  object,  about  ihe  propriety  of  which 
we  have  not  been  consulted.  With  all  due  re- 
spect we  must  be  allowed  to  say,  that  bet\.  re 
we  give  our  aid  to  such  a  scheme,  we  should  be 
permitted  first  to  examine  and  determine 
upon  its  wisdom  and  propriety.  Your  invita 
tion  pre-determines  that  question,  and  that 
now  is  the  "propitious"  time  for  an  applica- 
tion for  admission  into  the  Union,  and  with- 
out consulting  us  as  to  whether  we  agree  with 
you  on  this  vital  proposition,  you  seem  to  think 
we  should  be  sufficiently  honored  by  an  invita- 
tion to  assist  in  consummating  your  scheme. 

THE  PKOPOSED  MOVEMENT. 

This  brings  us  naturally  to  the  discussion  of 
the  State  movement,— its  object,  purpose  and 
result— its  wisdom  and  expediency.  This,  in 
the  limited  time  at  our  disposal  we  can  only  do 
in  a  very  general  way,  leaving  much  unsaid 
which  the  occasion  demands,  and  which  we 
would  tiot  willingly  omit. 

Applications  for  the  admission  of  Utah  to 
the  privileges  and  powers  of  a  State  have  been 
repeatedly  made  heretofore  by  those  who  com- 


pose the  "People's  party"  to  the  Congress  of 
the  United  Stater..  A  constitution  was  framed 
in  1850,  and  an  application  based  upon  that, 
was  made  for  admission  as  the  State  of  Des- 
eret.  The  application  was  refused.  In  187~ 
another  constitution  was  framed  and  again 
presented  to  Congress  with  a  petition  for  ad- 
mission. This  was  also  rejected.  In  1882,  still 
another  constitution  was  formed,  and  applica- 
tion for  admission  again  denied.  Petitions 
and  memorials  by  the  Legislature  of  Utah,  un- 
der control  of  your  party,  and  at  public  meet- 
ings called  and  controlled  by  the  Mormon 
Church,  through  its  political  committees,  have 
again  and  again  urged  the  Congress  of  the 
United  States  to  give  Statehood  to  Utah.  They 
have  uniformly  been  disregarded,  and  in  the 
discussion  of  other  questions  relating  to  this 
Territory,  the  sentiment  in  the  National  Con- 
gress on  the  question  has  been  unmistakably 
adverse  to  the  proposition.  The  formal  at- 
tempt made  in  1873  to  secure  the  passage  of 
that  measure  in  Congress,  was  not  only  a 
failure  but  it  was  shortly  after  emphasized  by 
Congressional  legislation  for  VUh,  which  very 
clearly  indicated  the  public  sentiment  of  the 
country  at  that  time  on  the  subject.  The  calr  - 
ing  of  the  constitutional  convention  in 
met  with  a  rebuke  In  further  special  legisla- 
tion by  Congress  for  Utah.  Instead,  therefore, 
of  Congress  having  given  any  indication  of  a 
desire  to  extend  the  powers  of  the  Mormon 
Church,  by  giving  over  the  control  of  Utah  to 
it,  through  a  State  Government,  it  is  only  a 
few  months  since— whatever  may  be  said  as 
to  the  effectiveness  of  the  legislation  enacted 
—that  Congress  unmistakably  Indicated  its 
purpose  to  restrict  the  powers  of  the  organiza- 
tion to  still  narrower  limits.  In  view  of  this 
condition  of  things,  known  to  all  intelligent 
people,  we  may  be  permitted  to  ask  why  do 
your  committee  assert  that  now  k  a  "pro- 
pitious" time  for  the  renewal  of  the  many  re- 
jected applications  of  Utah  for  admission? 
What  change  in  the  public  sentiment  of 
the  people  of  the  United  States  has 
taken  place  which  justifies  the  assertion  that 
now  is  a  propitious  time  for  your  application? 

WHAT  CHANGE  IN  THE  ATTITUDE 

Of  the  People's  party  (the  Mormon  Church  in 
political  harness)  on  those  subjects  which 
have  always  presented  such  obstacles  to  State- 
hood has  been  undergone,  which  enables  you 
to  make  such  a  confident  announcement?  If 
any  such  changes  have  occurred,  either  on  the 
part  of  your  party  in  Utah,  who  are  anxious 
for  recognition  as  a  State,  or  on  the  part  of 
the  national  authorities  or  national  public 
sentiment,  we  are  not  advised  of  it.   And  even 


—  1 

if  we  were  favorable  to  the  objects  of  your  con- 
vention, we  could  not  with  our  limited  infor- 
mation assert  this  to  be  an  opportune  occa- 
sion for  the  effort.  In  truth,  to  be  lrank,  we 
suspect  that  in  the  present  closely  balanced 
condition  of  political  parties  in  the  United 
States,  and  in  the  anxiety  of  each  to  strengthen 
itself  for  future  interests,  your  Committee 
have  a  hope  that  by  some  political  alliance 
appealing  to  the  necessities  of  one  or  the 
other  of  the  great  parties,  your  object,  other 
wise  hopeless,  may  be  secured. 

Your  call  for  a  convention  implies,  by  the 
fact  of  its  being  made  under  the  circumstances, 
that  your  p  irty,  and  the  Church  organization 
it  represents,  have  concluded  to  modify  its 
position  in  some  essential  features. 

We  are  free  to  say  (and  we  oppose  the  State 
organization  and  admission  on  that  basis) 
that  in  so  far  as  the  institution  of  polygamy 
has  been  an  obstacle  in  the  way  of  the  success 
of  the  scheme  of  Statehood,  we  suppose  that 
your  organization  is  prepared  to  surrender  •  o 
the  public  sentiment  of  the  country,  and  aban- 
don it.  Any  effort  for  admission  without  such 
a  concession  would  be  preposterous,  in  view  of 
rhe  known  public  sentiment  throughout  the 
country.  Therefore  we,  in  announcing  our  t 
position,  do  so  under  the  supposition  that  all  * 
objection  to  the  admission  of  Utah  as  a  State 
because  of  the  attitude  of  those  hitherto  wield- 
ing her  political  power  on  the  subject  of 
polygamy,  will  be  met  by  a  real  or  seeming 
abandonment  of  this  custom  for  the  future. 

OBJECTIONS  NOT  MET. 

This  question  aside  then,  we  desire  to  say 
that  our  objections  to  Utah  becoming  a  State, 
are  still  untouched.  These  objections  simply 
stated  are:  The  masses  of  the  people  of  Utah 
are  adherents  of  an  ecclesiastical  system 
which  forbids  all  harmonious  relations  with 
any  system  of  civil  government  founded  on 
the  right  of  man  to  govern  himseif .  The  cen- 
tral idea  of  your  system  is,  that  all  lawful 
government  pmanat.es  by  revelation  from  God  J 
to  His  priesthood,  and  that  it  is  the  duty  of  all 
its  followers  to  be  advised  by  that  priesthood 
on  all  subjects  of  a  governmental,  as  well  as 
spiritual  character.  Adhesion  to  this  theory, 
which  negatives  all  faithful  allegiance  to  any 
authority  which  it  does  not  control,  has  been 
the  main  cause  of  ail  the  hostility  whichthe 
system  has  ever  encountered  among  just  and 
fair-minded  people,  who  are  not  Mormons. 

The  Kingdom  of  God  on  earth  is  the  Mor- 
mon Church,  as  its  followers  assert,  and  is 
destined  to  supplant  all  other  governments, 
or  rule  through  them.  A  people  who  believe 
such  a  doctrine  cannot  be  entrusted  with  the 


powers  of  government,  w'thout  the  destruc- 
tion of  all  the  rights  that  others  are  guaran- 
teed under  the  Republican  system.  A  people 
entertaining  these  views  are  in  our  opinion 
unlit  to  be  trusted  with  political  power.  As  a 
matter  of  demonstration  we  know  how  grossly 
it  has  been  abused  by  your  people  in  the  past, 
when  they  enjoyed  it  without  restraint,  and 
we  see  no  where  the  slightest  evidence  which 
gives  us  any  hope  that  you  have  in  this  par- 
ticular "seen  the  error  of  your  ways."  A 
people  who  acknowledge  this  theocratic  idea 
of  government  cannot  be  true  and  faithful 
citizens  of  any  other  form  of  civil  government; 
they  have  no  proper  guiding  principle  for  its 
administration. 

If  Utah  shall  be  clothed  with  the  forms  of  a 
State,  the  result  would  be  a  theocratic  State  in 
which  as  Mr.  Cannon,  one  of  your  ablest  and 
wisest  oracles  expressed  it,  "the  voice  of  God 
would  be  the  voice  of  the  people"  and  this 
voice  find  expression  through  his  chosen 
mouthpiece— the  head  of  the  Mormon  Church. 
This  political  axiom  of  your  People's  party,  is 
announced  by  its  recognized  leaders  and  Is  ac- 
cepted with  full  faith  and  obedience.  It  re- 
verses the  entire  theory  upon  which  allBenub- 
lican  Governments  are  founded  and  derives 
the  authority  to  govern,  not  from  the  people, 
but  from  those  anointed  as  you  claim  by  a  di- 
vine commission  to  rule  over  them.  These 
differences  are  too  radical  for  accommodation, 
for  our  fundamental  idea  of  all  civil  govern 
ment  Is,  that  it  is  derived  from  the  people. 
In  a  state  established  under  a  theocratic  idea, 
a  free  public  sentiment  finds  no  place.  It 

EXTINGUISHES  AND  ANNIHILATES 

All  the  fundamental  beacons  of  the  Republi- 
can governmont  around  us,  and  remits  us  to 
the  darkness  of  that  superstition  and  fanati- 
cism which  the  world  of  intelligence  and  law 
has  been  struggling  to  escape.  This  element 
of  your  system,  or  faith,  if  you  choose  to  call 
it  such,  renders  it  Impossible  for  your  people 
to  live  in  harmony  with  any  other  community 
in  our  land.  These  pretensions  forced  your 
earlier  leaders,  almost  at  the  dawn  of  your  ca- 
reer, to  leave  the  State  of  Ohio,  one  of  the 
most  tolerant  portions  of  our  Union,  and  to 
seek  tae  frontier  of  civilization  on  the  western 
boundaries  of  Missouri.  The  attempt  to  con- 
temn the  laws  of  that  State,  on  your  theory  that 
God's  people— whom  you  claim  to  be—"  were 
a  law  unto  themselves,"  soon  led  to  that  exit 
from  the  S"tate  which  forms  so  prominent  a 
chapter  in  your  list  of  grievances  against  the 
United  States  government. 

The  same  pretensions  compelled  you  to 
abandon  Illinois  and  retreat  to  a  spot  then 


—  13  — 


the  most  thoroughly  isolated  of  any  on  th  e 
continent.  All  this  occurred  before  those 
social  and  domestic  customs,  which  have  by 
the  astonishment  which  their  adoption  has 
created,  obscured  the  more  vital  objections  to 
your  system.  Here,  in  this  Paradise  of  the 
Rocky  Mountains  for  more>than  ten  years, 
your  system  practically  unchecked  and  uncon- 
trolled had  full  sway.  What  was  the  result? 
Tou  were  in  open  rebellion  against  the  Gov- 
ernment of  the  United  States.  Your  prophet, 
then  bearing  the  commission  of  Governor,  as 
a  United  States  officer  issued  his  proclamation 
ordering  the  army  of  the  Nation  to  depart 
ftcom  this  Territory;  your  militia,  called  out  by 
his  order,  attacked  the  wagon  trains  carrying 
food  to  troops  who  bore  the  flag  of  the  Nation 
on  their  journey,  and  captured  and  destroyed 
them. 

We  do  not  refer  to  those  incidents  with  a 
view  of  exciting  any  asperity  in  this  discussion, 
but  to  illustrate,  what  we  regard  as  the  natural 
result  of  tbe  theory  of  civil  government,  which 
every  Mormon  sanctions.  Harmonious  rela- 
tions with  any  other  government  are  impossi- 
ble, because  the  Mormon  is 

EITHER  A  RULER  OR  A  REBEL 

H  his  faith  is  his  guide.  There  are  many  in- 
cidents in  the  history  of  this  Territory  fully 
sustaining  theseviews,  but  we  will  not  recite 
what  needs  only  to  be  alluded  to  to  be  under- 
stood. 

The  irregular  and  totally  unauthorized  way 
in  which  your  call  for  this  convention  is  Is- 
sued, is  itself  an  illustration  of  your  crude  and 
un-republican  theory  of  government ;  without 
any  recent  discussion,  even  through  the  public 
press,  without  an  enabling  act  of  Congress,  or 
any  law  of  the  local  Legislature,  or  any  de- 
mand from  the  people,  your  committee  issues 
a  call  to  its  supporters,  with  the  same  appar- 
ent assurance  of  obedience  as  if  your  followers 
were  sworn  soldiers,  marching  under  the 
orders  of  its  commanders.  Such  a  violation 
of  all  the  usages  and  traditions  of  American 
government,  by  which  the  citizen  is  called 
upon  to  act,  instead  of  being  consulted  as  to 
whether  action  is  advisable,  only  demonstrates  \ 
that  jour  call  is  the  dictate  of  a  church  cabal  ^ 
which  governs  its  own  followers  by  the  claim 
of  "divine  right,"  and  those  who  do  not  ac- 
knowledge its  authority,  by  the  argument  of 
power.  We  regard  the  manner  of  your  call, 
its  disregard  of  law,  its  violation  of  precedent, 
its  unseemly  and  unexplained  haste,  as  not 
$  only  an  insuperable  objection,  but  as  mani- 
festing a  want  of  capacity  for  civil  govern- 
ment, and  regard  for  the  fundamental  ideas 


of  Republican  Government,  which  we  cannot, 
in  justice  to  ourselves,  decline  to  express. 

We  may  add  to  these  general  observations 
another.  However  we  may  differ  otherwise 
you  must  agree  with  ua.  that  in  the  later  Con- 
gressional legislation  for  Utah,  Congress  has 
intended 

TO  LIMIT  AND  RESTRICT 

The  authority  of  the  Church  of  which  your 
committee  and  its  followers  are  members.  It 
is  true  that  by  their  prominence,  one  or  two 
of  the  practices  of  your  people,  challenging  at. 
tention  by  their  novelty  as  well  as  their  im- 
portance, have  received  most  attention;  but  it 
has  not  escaped  you,  that  the  way  to  avoid  the 
laws  of  the  United  States,  which  have  recently 
given  you  great  concern,  is  to  erect  a  jurisdic- 
tion wherein  they  would  not  operate.  As  this 
state  of  things  has  sent  into  exile  your  ac- 
knowledged head,  accused  of  violation  of  the 
national  law,  and  many  of  your  leading  me  i 
for  like  reasons,  we  can  well  understand  that 
measures  calculated  to  relieve  such  persons 
do  not  admit  of  any  lengthy  formalities  being 
used.  Like  the  writ  of  habeas  corpus,  they 
belong  to  the  category  of  summary  remedies, 
and  are  liable  to  betray  their  origin  by  the 
circumstances  of  their  adoption.  To  speak 
in  perfect  sincerity,  at  a  time  and 
undei  circumstances  that  comp  11  us  to  be 
respectful,  and  yet  entirely  frank,  is  not  this 
sudden  movement  for  Statehood  the  last 
i  esort  of  the  leaders  of  your  party,  to  free 
themselves  from  the  consequences  which  ad- 
herence to  their  principles  have  visited  upon 
them  personally,  without  giving  any  assurance 
that  your  system,  which  brought  them  into 
collision  with  the  national  authority,  is  to 
be  reformed  ?  Has  this  movement  originated 
in  a  real  regard  for  the  welfare  of  the 
people  of  Utah,  or  is  it  not  a  device  to  free 
your  leaders  from  the  unfortunate  conse- 
quences of  their  personal  defiance  of  the 
national  authority?  Is  it  to  be  supposed 
that  the  Gentiles,  or  non-Mormons  if  you 
prefer  the  term,  as  we  are,  would  aid  in  that 
which  would  give  a  theocratic  despotism  to 
Utah,  under  the  form  of  a  State  govern- 
ment, instead  of  that  reformation  of  her 
polity,  for  which  many  of  us  have  been  labor- 
ing for  long  years. 

Permit  us  to  say,  in  conclusion,  that  so  long 
as  the  Mormon  Church  shall  in  numbers  be 
superior  to  the  non-Mormon  population,  and 
shall  claim  and  exercise 

THE  POWER  TO  CONTROL 

Through  its  ecclesiastical  authorities  its  mem- 
bers, and  they  recognize  its  authority  to  exact 
obedience  to  such  counsel,  we,  as  Republicans, 


—  14  — 


as  citizens  of  Utah,  as  American  citizens, 
shall  and  will  protest  against  any  political 
power  being  exercised  by  them,  either  in  a 
State  or  any  other  form  of  civil  government. 

Our  judgment  may  seem  to  others  who  are 
not  familiar  with  the  circumstances  a  harsh 
one  but  you  will  understand  our  reasons  when 
we  say.  that  we  oppose  placing  governmental 
authority  In  Mormon  hands  because  we  regard 
the  system  as  one  totally  at  war,  with  all  our 
recognized  ideas  of  Eepublican  Government, 
and  incapable  of  being  so  reformed,  as  to  be 
made  in  any  degree  a  depository  of  impartial 
governing  power. 

When  your  Mormon  church  shall  have  aban- 
poned  its  pretensions  as  a  temporal  power, 
when  its  people  shall  render  that  obedience 
to  the  laws  of  the  land  which  is  yielded  by  all 
other  citizens,  of  every  shade  of  religious  be- 
lief, in  fine,  become  supporters  of  the  lawful 
civil  government,  then  we  will  consider 
whether  Utah,  though  Mormon  in  population, 


may  not  be  safely  trusted  with  Statehood. 
Certainly  for  the  present  we  cannot  consent  to 
make  the  experiment. 

Regretting  again  that  our  differences  are  too 
radical  to  admit  of  co-operation,  and  hoping 
that  the  time  may  come  when  we  shall  recog- 
nize a  common  allegiance  to  the  Government 
of  our  country,  and  that  each  man's  faith  in 
religion,  may  be  such  as  to  harmonize  with 
his  duty  as  a  citizen,  we  are  most  respectfully 
Your  obedient  servants, 

Wm.  F.  James,  Chairman. 
William  Nelson,  Secretary. 

M.  M.  Kaighn, 
John  R.  McBride, 
Arthur  Brown, 
P.  H.  Emerson, 
E.  P.  Ferry, 
Jos.  E  GaliCxHer 
V.  M.  C.  Silva, 
Chris  Diehl, 
Members  Territorial  Republican  Committee. 


Voice  of  the  Non-Mormons. 


The  non-Mormons  of  Utah,  in  Liberal  Convention  assembled,  July  20th,  1887, 
adopted  the  following  resolutions  : 


Besolvd,  First:  That,  so  long  as  the  tem- 
poral power  of  the  Mormon  Church  shall 
remain  in  issue,  and  as  long  as  that  church, 
as  a  political  organization,  continues  to  array 
itself  against  the  laws  of  the  land,  a  sense  of 
self-preservation  as  well  as  true  allegiance  to 
the  Republic  and  its  free  institutions,  calls  on 
all  true  American  citizens  in  the  Territory  to 
stand  and  act  together  against  a  great  over- 
shadowing evil  as  they  do  now,  without  differ- 
ences as  to  national  politics ;  and  we,  there- 
fore, affirm  it  to  be  the  duty  and  purpose  of  all 
such,  to  support  the  Liberal  organization,  as  a 
broad,  common  ground,  adapted  to  the  neces- 
sities of  the  situation,  from  which  we  can  best 
appeal  to  both  National  parties  in  Congress 
and  the  sense  of  the  Nation  at  large. 

Second:  That  the  dominant  majority  in 
Utah,  having  persistently  disregarded  and 
opposed  the  laws  of  the  land,  by  prostituting 
the  powers  of  a  Territorial  government  and 
otherwise,  cannot  safely  be  trusted  with  the 
powers  of  a  State  government. 

Third:  That  the  proposed  State  Constitu- 
tion is  a  device  of  the  Mormon  Church  to 
enable  its  priesthood  to  perpetuate,  by  State 
control,  their  harsh  temporal  power  and  cor- 
rupt social  system  which  has  blighted  Utah 
for  the  last  thirty-five  years. 

Fourth:  That,  in  our  opinion,  based  on  a 
thorough  acquaintance  with  the  political 
methods  ot  the  Mormon  Church,  the  provisions 
of  the  constitution,  concocted  and  proposed  by 
its  agents,  prohibiting  certain  crimes  hereto- 
fore inculcated  as  part  of  its  creed,  enjoined 
by  divine  revelation,  are  deceitful  and  false, 
and  a-e  a  mere  paltering  in  a  double  sense, 
contrived  to  mislead  a  generous  and  forgiving 
Nation,  and  to  secure  a  continued  lease  of 
power:  being  heretofore  and  still  arrayed  as  a 
unit  against  the  execution  of  existing  Nationaj 
laws  to  the  same  purport  (which  has  been  the 
sole  ground  for  loud  complaints  of  perse, 
cution,)  no  one  could  expect  them  to  execute 
jfhese  provisions  against  themselves,  because 
all  experience  proves  that  constitutions  and 
laws  which  are  not  founded  on  public  opinion 
and  approved  by  those  who  administer  them, 
can  never  have  any  force  or  vitality. 

Fifth:  That  to  commit  to  Mormon  hands 
the  power  to  govern  Utah  as  a  State,  with  past 
experience  of  the  treasonable  and  un-Ameri 
can  character  of  that  organization,  would  be 


to  abandon  all  faithful  American  citizens  who 
reside  here,  with  all  their  material  interests, 
to  the  oppress^n  and  misrule  of  a  power  that 
has  never  been  faithful  to  any  patriotic  duty, 
or  obedient  to  any  law  which  prohihits  its 
crimes. 

Sixth:  That  the  perversion  of  delegated 
political  power  and  the  pernicious  teachings 
of  the  politico-religious  organization  in  Utah, 
for  a  generation,  have  led  the  dominant  ma- 
jority astray  from  all  true  conceptions  of  free 
government,  and  unfilled  them  for  the  duties 
and  responsibilities  of  self-government. 

Seventh:  That,  until  convalescence  shall 
come  to  the  sick  body,  politic  and  social,  which 
has  been  gathered  and  organized  politically  in 
Utah,  in  blasphemous  travesty  as  the  King- 
dom of  God,"  and  until  time  shall  have  proven 
that  the  '"deep  damnation"  of  Its  infection 
has  been  eradicated,  considerations  for  the 
public  p-ace  and  National  honor  alike  demand 
that  Utah  should  be  kept  in  quarantine. 

Eighth:  That  the  present  movement  for 
Statehood  for  ntah  like  its  seveaal  predeces- 
sors, having  been  initiated  by  the  Mormon 
Church,  and  carried  forward  solely  by  its  mem 
bers  and  agents,  for  its  sinister  purposes,  and 
without  authority  or  form  of  law,  it  Is  the 
sense  of  this  convention  that  no  American 
citizen  in  Utah  who  is  not  a  member  of  the 
Mormon  organization  should  vote  at  the 
ensuing  election,  either  for  or  against  the 
proposed  constitution,  or  in  any  manner 
recognize  the  movement,  except  by  an  earnest 
appeal  to  Congress  and  the  Nation  to  save  us 
from  the  great  calamity  thus  threatened- 
At  the  same  time,  we  earnestly  urge  all  Lib- 
erals in  the  Territory  to  support  their  respect- 
ive legislative  and  county  tickets. 

Ninth:  That  the  Utah  Commission  owes  Its 
existence  to  the  f  Act  recognized  by  repeated 
acts  of  Congress  that  the  dominant  majority  of 
Utah  are  unfit  to  be  invested  with  the  u^ual 
powers  of  a  Territorial  government;  that  the 
hasty  action  of  a  majority  of  that  Commission 
in  attempting  to  lend  their  official  sanction  to 
the  movement  for  Statehood  under  control  of 
a  disloyal  majority,  is  a  stultification  of  their 
previous  action  in  like  cases,  a  usurpation  of 
power  without  any  color  of  law,  and  presents 
the  painful  spectacle  of  impotent  spectators, 
without  power  to  do  any  effective  good  in  Utah 
lending  their  official  influence  to  promote  and 


V 


—  16  — 


perpetuate  the  evils  which  their  employment 
was  intended  to  repress  and  extinguish. 

Tenth:  That  we  protest  against  the  action 
of  the  manager  of  the  Associated  Press 
dispatches  in  taking  from  the  regular  agent 
the  business  of  framing  the  dispatches  from 
Utah  during  the  progress  of  the  late  conven- 
tion, and  committing  that  business  exclu- 
sively to  the  Mormon  organization,  as  a  prosti" 
tution  of  that  powerful  agency,  and  a  part 
of  an  existing  conspiracy  to  procure  Statehood 


for  them  by  false  representations,  and  we 
warn  the  public  everywhere  against  those 
mendacious  fabrications. 

Eleventh:  That  a  committee  of  five  be 
appointed  by  the  chair  to  draft  an  address  to 
the  President,  Congress  and  the  country,  pro- 
testing against  the  admission  of  Utah  as  a 
State  under  existing  conditions,  and  that 
copies  thereof  be  forwarded  to  them  and  to 
the  press  of  the  country. 


/ 


REPORT 


OF  THE 


UTAH  COMMISSION 


TO  THE 


Secretary  ok  the  Interior, 


FOR  THE  YEAR  1887. 


SALT  LAKE  CITY: 
Tribune  Print. 


1887. 


REPORT. 


Sir:  The  great  interest  which  has  been  manifested 
by  Congress  and  the  people  generally  in  the  affairs  of  Utah 
Territory,  has  led  us  to  believe  that  the  following  state- 
ments with  respect  to  the  Territory  and  its  citizens  will 
prove  to  be  interesting  information,  especially  so  in  view 
of  recent  events  which  have  transpired  in  the  Territory. 

AREA. 

Utah  Territory  has  a  maximum  length  of  325  miles 
by  a  breadth  of  300.  Its  land  area  is  84,970  square  miles  Area- 
(52,601,600  acres)  water  area,  2780  square  miles,  (1,779,- 
200  acres.)  Nearly  13,000,000  acres  of  land  have  been 
or  are  now  m  progress  of  survey.  Up  to  July  1,  1887, 
nearly  4,500,000  acres  had  been  disposed  of  by  the  Gov- 
ernment. 

STATEMENT 

Showing  the  valuation  of  property  assessed  in  the  several  counties  of  the 
Territory  of  Utah ;  also,  the  amount  of  property  assessed  in  the  name  of 
non-Mormons,  Railroads,  Western  Union  Telegraph  and  Telephone  Com- 


panies for  the  year  1886.  (Mines  not  included.) 


COUNTIES. 

Total  Valuation. 

Am't  Belonging  to 
Non- Mormons. 

Am't  Assessed  to 
R  R's.,W.  U.Tel. 

and  Tel'n  Cos 

$  771,805 

$  181,558 

$  103,702 

2,209.425 

160,805 

1,379,971  Valuation 

2,075,460 

232,684 

117,358  property. 

,  .  .  1,124.713 

74,314 

235,473 

825,011 

224,050 

425,380 

173,807 

25,375 

.   .  434,415 

14,454 

1,078,751 

85,151 

299,606 

206.518 

26,570 

867,863 

151,575 

364,073 

397,626 

34,834 

185,589  * 

219,888 

48,125 

35'\170 

113,894 

12,457,625 

4690,790 

526,795 

304,760 

*160,000 

,  1,257,333 

173,072 

18,956 

550,743 

*159,025 

1,725.080 

*760,000 

407,000 

1,012,761 

107,216 

109,420 

139,825 

91,056 

Utah  

3,240,676 

506,162 

528,475 

356,658 

62,500 

726,151 

71,783 

3,158,738 

976,466 

405,216 

*Estimated. 

Total 

$35,665,802 

$9,131,459 

$5,107,014 

Explanatory  Note.  —  In  Summit  county  the  estimate  was  made  upon  the  information  received 
from  a  member  of  the  County  Court.  In  Sevier  and  San  Juan  counties  upon  information  received 
from  reliable  sources. 


The  non-Mormons  own  within  a  fraction  of  25.61 
Percentage  of  per  cent;  the  Mormons  own  60.07  per  cent,  assuming 
EyMSLonsnLd that  all  the  remaining  property,  excepting  railroads, 
etc.,  belongs  to  them.  This,  however,  is  not  the  fact, 
as  there  is  a  considerable  amount  of  property  belonging 
to  non-Mormons  in  the  different  counties  which  could 
not  be  identified  as  to  ownership.  The  railroads,  etc., 
represent  within  a  fraction  of  14.32  per  cent.  They  are 
owned  by  non-Mormons  excepting  a  minority  interest 
in  the  Utah  Central  and  one  other  small  road. 

POPULATION. 

The  first  census  of  the  Territory  of  Utah,  taken  in 
Population.  1850,  showed  the  population  to  be  11,380;  the  census  of 
1860,  40,273;  of  1870,  86,786,  and  the  latest,  that  of  1880, ' 
143,963.  The  gain  from  1850  to  1860  was  28,893,  or  250 
per  cent;  from  1860  to  1870,  46,513,  110  per  cent,  or  1150 
for  every  1000  of  population;  from  1870  to  1880,  66  per 
cent,  or  660  for  every  1000.  The  total  gain  from  1870 
to  1880  was  23  per  cent  greater  than  the  total  increase 
from  1860  to  1870.  If  the  same  relative  gain  has  con- 
tinued from  1880  to  1887,  the  increase  would  be  22  per 
cent  greater  than  from  1870  to  1880,  and  43  per  cent 
greater  than  from  I860  to  1870,  or  a  population  in  1887 
of  210,478.  We  estimate,  however,  the  population  at 
200,000. 

The  prosperity  of  the  past  seven  years  has  been 
General  ros  eciual  to  that  °f  any  former  period  of  the  history  of  the 
perity.  Territory.  The  leading  cities  and  towns,  and  many  of 
the  smaller  communities,  show  a  steady  and  gratifying 
growth.  In  the  more  remote  counties  the  settlements 
have  been  gradually  creeping  to  places  formerly  the 
habitat  of  wild  animals,  and  the  hunting  ground  of 
the  Indian,  supposed  to  be  too  desolate  for  habitation. 
Emery  county,  which  had  but  two  organized  precincts 
in  1880,  has  twelve  in  1887;  Piute  county,  four  in  1880, 
eleven  in  1887,  etc. 


—  5  — 


There  is  every  reason  to  claim  that  the  same  rela- 
tive gain  has  been  maintained,  and  that  Utah  now  has 
a  population  of  at  least  200,000.  This  population  is 
divided  into  two  elements — Mormon  and  non-Mormon. 


THE  MORMON  ELEMENT. 

The  Mormon  element  consists  of  the  members  of 
the  Church  of  Jesus  Christ  of  Latter-Day  Saints. 

On  April  1st,  1887,  the  total  Mormon  population  in 
the  Territories  of  Utah,  Idaho,  Arizona,  Wyoming  an(^Mormon  0  ula 
New  Mexico,  and  the  States  of  Nevada  and  Colorado  v™> 

7  Idaho,  Anzcna, 

was  162,388,  officially  classed  and  ranked  as  follows: etc- 
3  first  presidents,  11  apostles,  65  patriarchs,  6444  seven- 
ties, 3723  high  priests,  12,441  elders,  2423  priests,  2497 
teachers,  6854  deacons,  and  81,283  members;  total 
officers  and  membors,  115,699.  Children  under  eight 
years  of  age,  46,684.    Grand  total  of  souls,  162,383. 

In  the  Territory  of  Utah  the  total  number  of 
officers  and  members  and  children  under  eight  years  of 
age  was  182,297.  (Children  are  baptized  at  the  age  of 
eight,  and  received  as  members.) 

The  first  Mormon  settlement  in  the  great  inter- 
mountain  basin  was  made  at  Salt  Lake  City,  July  24th  Mormon  settle. 
1847.    From  thence  the  settlements  have  x gradually  ;^e\where 
extended  along  the  base  of  the  mountains  wherever  ' 
water  could  be  founfl  to  irrigate  the  soil,  until  now  they 
reach  from  as  far  north  as  the  shores  of  the  Bear  Lake,  ^ 
Idaho,  to  the  banks  of  the  Gila,  Arizona,  on  the  south, 
and  from  the  western  part  of  Colorado,  Wyoming  and 
New  Mexico,  to  Southeastern  Nevada.    These  settle- 
ments with  but  few  exceptions  have  been  made  in  the 
agricultural  belt.    At  first  the  settlers  experienced 
many  of  the  hardships  incident  to  pioneer  life,  but  they 
met  them  cheerfully,  and  were  delighted  with  the  pros- 
pect before  them. 

They  had  come  to  u  a  glorious  valley  to  locate  and 
build  up  Zion,"  and,  as  they  believed,  where  they  could 


—  6  — 


practice  undisturbed  by  human  laws  the  peculiar  teach- 
ings of  their  religious  faith.    They  found  a  fertile  soil, 
formed  by  denundations  from  the  mountains  which  had 
character  of  the  always,  from  the  day  it  was  first  disturbed  by  the  plow- 

soil  and  climate.  ^    '  ^  J  - 

share,  been  profusely  bountiful  in  its  yield,  and  the 
declivities  of  the  mountains  covered  with  bunch  grass 
(wild  wheat)  which  furnished  rich  pasturage  to  their 
cattle.  They  also  found  a  climate  not  surpassed  by  that 
of  any  portion  of  the  country  where  the  rays  of  the 
summer  sun  are  tempered  by  the  cool  breezes  from  the 
canons,  and  the  severity  of  the  winter  is  softened  by  the 
mountains  which  shelter  the  valleys.  These  beautiful 
valleys  are  now  dotted  with  thriving  settlements  and 
have  the  appearance  of  a  vast  garden  watered  from  an 
infinite  number  of  irrigating  canals,  the  result  of  the 
industry  of  the  people. 

The  settlements  have  been  organized  into  bishops' 
wards,  and  the  wards  into  stakes  of  Zion.  The  boun- 
daries of  the  wards  are  mainly  coextensive  with  the  pre- 
cinct lines,  and  the  boundaries  of  the  stakes  with  the 
county  lines.  There  are  in  Utah  293  wards, 
in  Idaho  52,  in  Arizona  29,  in  Nevada  6,  in 
Colorado  4,  in  Wyoming  3,  and  in  New  Mexico  2, 
a  total  of  389.  There  are  in  Utah,  18  stakes,  in  Arizona 
3,  in  Idaho  2,  in  Colorado  1,  and  6  partly  in  Utah  and 
some  one  of  the  surrounding  States  and  Territories. 
The  wards  are  presided  over  by  a  bishop,  two  counselors, 
and  a  corps  of  officers,  priests,  teachers  and  deacons, 
who  look  after  the  different  districts  into  which  the 
wards  are  divided.  The  stakes  are  presided  over  by  a 
president  and  two  counselors,  with  a  similar  corps  of 
officers  to  assist  them.  The  entire  church  is  presided 
over  by  either  a  First  Presidency  or  an  Apostles7  quor- 
um. Three  times  in  the  history  of  the  church  a  First 
Presidency  has  been  organized,  the  last,  consisting  of 
John  Taylor  with  George  Q.  Cannon  and  Joseph  F. 
Smith  as  his  Counselors.    The  death  of  John  Taylor  has 


Number  of  bis- 
hops' wardj, 


Number  of 
stakes. 


The  presiding 
officers  of  the 
wards,  stakes 
and  church. 


—  7  — 


dissolved  the  First  Presidency,  and  the  government  of 
the  church  now  rests  upon  the  quorum  of  the  Twelve 
Apostles,  of  which  Wilford  Woodruff,  an  aged  and  ener-  The present  head 
getic  man  is  president.  He  is  now  the  virtual  head  of  church. ormon 
the  church,  which  will  continue  to  be  governed  by  the 
Apostles,  it  is  presumed,  until  another  revelation  is 
received  reviving  the  First  Presidency. 

The  wards  report  to  the  stakes,  the  stakes  to  the 
head  of  the  church.  There  are,  however,  other  officers  o  rganizations 
and  organizations  of  importance  in  the  church.  There  church™10* 
are  seven  first  presidents  of  the  seventies.  The  seven- 
ties are  local  organizations,  consisting  of  a  quorum  of 
seventy  elders.  Each  of  these  organizations  is  governed 
by  seven  presidents,  and  each  of  the  seven  presidents 
by  a  president.  There  is  a  presiding  bishop  of  the 
church,  whose  most  important  duty  seems  to  be  the  col- 
lection of  the  tithes  (he  has  agents,  one  in  each  of  the 
stakes),  and  a  head  patriarch  who  blesses  the  people  by 
the  laying  on  of  hands.  There  is  also  a  high  council  in 
each  of  the  stakes  whose  work  is  done  in  secret.  In 
each  of  the  ward  districts  the  quorum  of  teachers  are 
directed  to  visit  each  family  periodically  and  look  after 
their  spiritual  welfare.  Each  ward  has  a  meetinghouse, 
Young  Men's  Mutual  Improvement  Society,  Primary 
Association  for  young  children  and  a  Relief  Society. 

The  various  organizations  report  semi-annually,  and 
there  is  kept  at  the  church  office  in  Salt  Lake  City,  cl  Statistical 
complete  statistical  history  of  the  church.    The  number  15  ory 
of  members,  marriages,  births,  deaths,  baptisms,  excom- 
munications, etc.,  are  set  forth  in  detail. 

The  Mormons  believe  in  the  Bible  (Old  aud  New 
Testament),  the  Book  of  Mormon,  and  the  revelations  Re^ou,  belief, 
claimed  to  have  been  made  to  the  prophets  of  the 
church.  These  revelations  relate  to  various  subjects, 
from  the  apportionment  of  town  property  down  to  the 
naming  of  church  officers  and  affairs  connected  with  the 
church  government.    One  of  the  revelations  known  as 


the  "Word  of  Wisdom,"  counsels  the  people  not  to  use 
strong  drinks,  tobacco  and  hot  drinks  (tea  and  coffee). 
The  revelation  commanding  polygamy  was  said  to 
Srnedin-°poiym"  ^1SbYe  Deen  received  from  the  Lord  by  Joseph  Smith  in 
gamy.ingpoy    Nauvoo,  Hancock  county,  Illinois,  July  12,  1843.  Its 
binding  force  upon  the  Mormon  people,  believing  as 
they  do  in  their  church  and  its  teaching,  will  be  under- 
stood from  the  following  extract: 

"For  behold!   I  reveal  unto  you  a  new  and  everlasting  covenant;  and 
V  if  ye  abide  not  that  covenant,  then  are  ye  damned,  for  no  one  can  reject 

this  covenant,  and  be  permitted  to  enter  my  glory." 

y/  In  the  church  government  obedience  is  exacted  from 

..        ,  every  member.    In  removing  from  one  ward  to  another, 

Obedience  exact-     •        "  °  ' 

ed  from  members,  they  must  secure  a  recommendation  from  their  bishop, 
which  certifies  to  their  standing  in  the  church.  Persons 
desiring  to  be  married,  or  to  enter  into  polygamy,  must 
also  secure  a  recommendation  from  the  bishop  of  their 
ward.  Every  member  must  hold  himself  ready,  irre- 
spective of  personal  considerations,  to  leave  his  home  to 
go  as  a  missionary  to  other  lands,  and  he  must  also  be 
ready  to  remove  his  family  and  effects  to  such  place  as 
the  heads  of  the  church  may  direct  him  to  go.  The 
Mormon  settlements  in  Arizona  and  other  places  outside 
Utah,  were  made  in  obedience  to  such  a  command.  At 
the  Utah  stake  conference  held  Feb.  27th,  1881,  the 
names  of  29  heads  of  families  were  announced  as  mis- 
sionaries for  permanent  settlement  at  St.  Johns,  Ari- 
zona. In  a  few  weeks  these  families  were  on  their  way 
to  make  a  new  home  in  a  strange  place.  At  other  con- 
ferences held  in  Southern  stakes,  at  different  times, 
many^families  were  sent  as  missionaries  to  Arizona. 

The  Mormon  Church  teaches  its  members  not  to 

"SST1  Church  enter  the  Territorial  courts  <  to  settle  their  difficulties. 

It  has  provided  a  system  of  courts  within  the  church. 
First,  there  is  a  ward  court  known  or  designated  as  a 
"bishop's  court,"  consisting  of  the  bishop  and  his  two 

Their  authority  counselors.    They  are  empowered  to  try  all  minor  cases 

and  power.  m    m  ^  A  t 

arising  among  the  people  both  of  a  temporal  and  or  a 


—  9  — 


spiritual  nature,  and  to  sit  in  judgment  upon  trans- 
gressors. 

For  a  long  period  they  assumed  jurisdiction  of  ques- 
tions of  martial  separation  and  divorce,  but  we  are  not 
advised  as  to  whether  this  jurisdiction  is  still  exercised. 
From  this  court  an  appeal  lies  to  the  "Stake  Court,"  Same* 
consisting  of  the  president  of  the  stake  and  his  two 
counselors.  This  court  has  also  original  jurisdiction. 
The  court  of  last  resort,  possessing  appellate,  original 
and  exclusive  jurisdiction,  is  the  First  Presidency,  or  the 
Apostles'  Quorum,  as  the  case  may  be.  The  mandate  of 
this  court  must  be  accepted  and  obeyed,  under  penalty 
of  excommunication,  which  means  a  denial  of  all  the  - 
benefits  of  the  church,  social  ostracism,  and  a  with- 
drawal of  the  patronage  and  support  of  the  Mormon 
people. 

The  payment  of  tithing  and  other  donations  for  the 
support  of  the  church  is  vigorously  urged  as  a  religious  of?"115,  amount 
duty.    At  a  church  conference,  President  John  Taylor 
said : 

"You  want  to  pay  your  tithing  honestly  and  squarely,  or  you  will  find 
yourselves  outside  the  pale  of  the  church  of  the  living  God." 

The  amounts  collected  from  the  people  for  tithing 
exceed  $500,000  annually.    In  1870,  the    amount  was  ^ 
$425,000;  in  1880,  $540,000.    The  amounts  received  for 
temple  building  are  also  very  large.    At  the  October Cost  of  lemples' 
conference  of  1880,  it  was  announced  that  the  uncom- 
pleted Manti  and  Logan  temples  had  cost  to  date,  re- 
spectively $207,977.35  and  $252,147.78.    The  building  of 
the  Salt  Lake  Temple  was  commenced  September  6th, 
1853,  and  will  not  h6  finished  for  years  to  come.    It  has 
cost  millions  of  dollars.    The  church  has  become  quite 
wealthy.    In  1880,  John  Taylor  stated  that  the  church 
held  $180,000  of  the  paid-up  capital  stock  of  Zion's  Mormonchurd*. 
Co-operative  Mercantile  Institution,  which  pays  large 
dividends,  and  which  was  organized  by  Brigham  Young 
for  the  purpose  of  depriving  non-Mormons  of  Mormon 


—  10  — 


patronage.  It  owns  or  did  own,  the  Deseret  Telegraph 
system;  the  Zion's  Savings  Bank;  the  Deseret  Evening 
News;  the  Deseret  paper  mill;  a  church  farm  south  of 
Salt  Lake  City  of  over  1300  acres;  street  railway  stock; 
stock  in  the  Deseret  and  other  National  Banks;  railroad 
shares  and  bonds;  and  a  large  amount  of  real  estate 
in  Salt  Lake  City  and  elsewhere,  of  great  valne. 

The  heads  of  the  church  teach  and  impress  upon 
control  of  poiiu- ^ne  people  to  be  united  and  submissive  in  their  politi- 
Mormonchurch.  cal  action  to  the  will  of  the  leaders  of  the  church.  At 
a  general  conference  of  the  church,  President  Taylor 
said: 

"We  have  to  lay  aside  our  covetousness  and  our  pride,  and  our  ideas 
that  are  wrong,  and  be  united  in  our  political  affairs,  in  our  temporal  af- 
fairs, under  the  direction  of  the  holy  priesthood,  and  act  as  a  mighty  pha- 
lanx under  God  in  carrying  out  his  purposes  here  upon  this  earth." 

In  connection  with  this  exercise  of  political  control 
is  the  dream  of  empire  which  all  through  their  history 
Political  empire.  has  cheemj  them  with  its  pleasing  illusions  of  future 
power.  They  teach  and  preach,  and  apparently  believe, 
that  the  portion  of  the  country  in  which  they  now  re- 
side was  set  apart  to  become  the  abiding  place  of  the 
Saints,  where  is  to  be  erected  the  kingdom  of  God  upon 
earth.  Their  missionaries  preach  that  God  has  com- 
manded his  people  to  gather  to  the  mountains,  to  the 
Zion  of  the  Lord,  to  receive  their  inheritance  at  the 
hands  of  his  servants.  This  idea  is  very  clearly  set 
forth  by  Brigham  Young  in  a  remarkable  thanksgiving 
proclamation  from  him  as  Governor  of  the  Territory, 
dated  December  19th,  1851.  We  reproduce  the  opening 
paragraph.    The  italics  are  ours: 

"It  having  pleased  the  Father  of  all  good,  to  make  known  his  mind 
and  will  to  the  children  of  men,  in  these  last  days,  and  through  the  minis- 
tration of  His  angels,  to  restore  the  Holy  Priesthood  unto  the  sons  of 
Adam,  by  which  the  Gospel  of  His  son  has  been  proclaimed,  and  the  ordi- 
nances of  life  and  salvation  are  administered,  and  through  which  medium 
the  Holy  Ghost  has  been  communicated  to  believing,  willing  and  honest 
minds;  causing  faith,  wisdom  and  intelligence  to  spring  up  in  the  hearts 
of  men,  and  influencing  them  to  flow  together  from  the  four  quarters  of 
the  earth  to  a  land  of  peace  and  health,  rich  in  mineral  and  vegetable 


— 11  — 


resources,  reserved  of  old  in  the  Councils  of  eternity  for  the  purposes  to 
which  it  is  now  appropriated:  a  land  of  choice  above  all  other  lands,  far 
removed  from  strife,  contention,  divisions,  moral  and  physical  commo- 
tions, that  are  disturbing  the  peace  of  the  nations  and  kingdoms  of  the 
earth." 

The  church  leaders  have  been  very  much  disturbed 
by  the  sale  of  property  to  non-Mormons,  and  have  from 
the  pulpit  urged  upon  the  people  not  to  sell  their  in- 
heritance in  Zion,  that  has  been  entrusted  to  them  to 
carry  out  the  purposes  of  the  Lord,  and  not  for  purposes 
of  gain. 

The  people  are  very  tenacious  of  what  they  claim 

•         •  77  «777  •  mi  Mormons  have 

to  be  their  rights,  and  have  never  yielded  a  point.    1  ney  neyer  yielded  a 
stand  to-day  where  they  stood  when  they  first  entered 
the  Territory.    They  persistently  claim  that  they  have 
been  persecuted.    September  29th,  1851,  in  a  letter  to 
the  President,  Governor  Young  said : 

"That  no  people  exist  who  are  more  friendly  to  the  Government  of 
the  United  States,  than  the  people  of  this  Territory.  The  Constitution 
they  revere,  the  laws  they  seek  to  honor .  But  the  non-execution  of  those  Protestations  of 
laws  in  times  past  for  our  protection,  and  the  abuse  of  the  power  in  the lo:>alty- 
hands  of  those  we  have  supported  for  office,  even  betraying  us  in  the 
hour  of  our  greatest  peril  and  extremity,  by  withholding  the  due  execu- 
tion of  the  laws  designed  for  the  protection  of  all  the  citizens  of  the 
United  States." 

Similar  protestations  of  loyalty  have  been  made 
from  time  to  time  down  to  a  very  recent  period. 

Undoubtedly  in  Missouri  and  Illinois,  they  were  the  Distrust  of  their 
victims  of  many  unlawful  attacks;  but  there  has  always  met 
been  something  in  their  methods  which  has  excited  the 
opposition  and  the  distrust  of  every  people  among 
whom  they  have  lived.    They  have  been  invited  and 
had  it  in  their  power  while  in  Utah,  to  settle  honorably 
the  contest  which  has  been  waged  between  the  Govern-  asked  of  them  by 
ment  and  them.    All  that  has  been  asked  Of  them  is  to the  Government' 
acknowledge  the  supremacy  of  the  law. 

The  Mormons  control  a  Territory  almost  as  large  as 
the  area  of  the  States  of  New  York  and  Pennsylvania i^lf^Z 
combined,  and  a  controlling  influence  in  a  tract  of  terri- Mormon  Church- 
tory  as  large  as  that  of  the  New  England  and  Middle 


—  12  — 


States  combined.  They  have  established  in  this  Terri- 
tory a  religions  system,  with  a  political  attachment,  the 
two  forming  a  strong,  compact  government  with  the 
power  of  control  centered  in  a  few  men  who  claim  the 
right  to  speak  by  divine  "right,  and  whose  advice,  coun- 
sel and  command  is  a  law*  unto  the  people. 

The  majority  of  the  Mormons  are  a  kindly  and  hos- 
pitable people.  They  possess  many  traits  of  character 
the  people.  b°  which  are  well  worthy  of  emulation  by  others.  In  their 
.  local  affairs  they  strive  to  suppress  the  vices  which  are 
common  to  settled  communities.  In  matters  of  religion 
they  are  intensely  devotional,  rendering  a  cheerful 
obedience  to  their  church  rules  and  require- 
ments. They  are  a  people  who  possess  many  of  the  ele- 
ments, which,  under  wise  leadership,  would  make  them 
useful  and  prosperous. 

NON-MORMON  ELEMENT. 

The  strength  of  the  non-Mormon  element  cannot 
Strength  of  the  be  accurately  stated.    The  population  of  the  Territory 
efement.nilon    has  been  given  at  200,000.    If  from  this  be  deducted  the 
strength  of  the  Mormon  element,  182,277,  we  have 
67,723  not  claimed  by  the  Mormon  Church,  but  of  these 
there  are  many  whose  sympathies  remain  with  it.  They 
have  been  raised  inMormonism,  and  although  they  have 
drifted  away,  they  probably  act  with  their  former 
y  friends  in  political  matters.    The  non-Mormon  strength 
will  probably  not  exceed  55,000. 

In  Salt  Lake  City  and  Ogden  they  have  prosperous 
communities,  mainly  engaged  in  business.  The  strength 
y  of  the  elen  ent,  however,  is  to  be  found  in  the  mining 
Jeeminve°srk  m  camps.  Gold  and  silver  mining  began  in  Utah  in 
1869-70.  Since  then  a  vast  amount  of  capital  has  been 
invested  in  the  mines.  The  great  body  of  the  Gentiles 
are  equal  in  intellect,  courage  and  energy  to  those  of 
any  other  community.  When  they  went  to  Utah  they 
found  all  the  agricultural  land  that  had  water  conveni- 


—  13  — 

> 


ent  already  appropriated.  Both  the  land  and  the  water 
had  been  secured,  and  land  without  water  is  practically 
worthless  for  agriculture  in  that  Territory.  There  was 
nothing  left  for  them  but  the  mines.  These  they 
searched  for  and  as  found,  opened.  This  is  work  that 
none  but  superior  men  can  carry  through.  It  takes  cap- 
ital, courage,  faith,  sagacity,  endurance  and  ceaseless 
work.  Of  all  the  mines  found,  some  have  brought  rich 
returns.  But  of  these  a  vast  proportion  goes  for  labor, 
for  supplies,  for  machinery  and  to  make  roads.  Silver 
mines  are  generally  found  among  almost  inaccessible 
mountain  tops,  and  every  movement  connected  with 
them  is  costly.  These  mines  have  yielded  up  to  the 
present  time,  $96,000,000.  Quite  half  the  sum  has  been  viddof  the 
paid  to  Mormons  for  labor  and  supplies,  and  through mmes' 
this  from  a  very  poor  people  they  have  become  very 
prosperous.  They  possessed  the  land  when  the  Gentiles 
went  among  them,  but  they  were  so  poor  that  some 
whole  families  did  not  secure  $10  in  money  throughout 
the  year.  What  the  Gentiles  have  been  able  to  accom- 
plish has  been  in  spite  of  the  Mormon  combined  compe- 
tition and  opposition.  They  wrenched  from  the  rugged 
and  barren  mountain  tops  the  gold  and  silver  until  they 
own  of  the  assessed  property  of  the  Territor3r,  nearly 
one-third,  exclusive  of  railroad  property. 

A  brief  description  of  the  Little  Cottonwood  Dis- 
trict, where  mining  is  conducted  under  more  than  ordi-^^^ 
nary  difficult  circumstances  will  convey  an  adequate  District- 
idea  of  the  toil  and  danger  which  attends,  and  of  the 
superior  abilities  required  for  successful  mining.  This 
mining  district  is  located  in  Little  Cottonwood  Canon, 
the  mouth  of  which  is  some  15  miles  distant  from  Salt 
Lake  City.  Entering  the  canon  the  granite  walls  rise 
4000  feet  above  the  valley.  The  granite  forms  the  cone 
around  which  the  mountains  have  grown  until  their 
peaks  are  13,000  feet  above  the  level  of  the  sea,  and 
nearly  8000  feet  above  the  valley.    Passing  up  the  canon 


—  14  — 


the  granite  walls  continue  for  five  miles,  rising  in  gran- 
deur far  above  the  tramway  which  transports  passen- 
gers and  freight  to  the  mining  town  of  Alta,  eight  miles 
above.  The  grade  is  over  350  feet  to  the  mile.  Snow 
sheds  cover  the  rails  nearly  the  whole  distance.  Leav- 
ing the  granite  we  pass  a  great  quartzite  reef,  inter- 
spersed with  shales.  Above  this  the  limestones  (the 
silurian,  devonian  and  carboniferous)  rise  in  succession. 
In  the  limestones  the  ore  is  found,  and  scattered  around 
the  steep  declivities  can  be  seen  the  cabins  of  the  min- 
ers. The  rock  is  so  hard  that  the  average  cost  of  tun- 
neling is  some  $10.00  per  foot.  Miles  of  tunnels  have 
been  run  at  an  enormous  cost.  The  snow  commences 
to  fall  in  August  and  September  and  continues  until  the 
following  May.  The  average  fall  is  30  feet.  At  Alta 
City,  where  the  elevation  is  nearly  9000  feet,  the  average 
depth  covering  the  ground  the  winter  through  is  15  feet. 
The  citizens  communicate  with  each  other  through  tun- 
nels run  under  the  snow.  The  tramway  is  closed  in  the 
early  fall,  and  the  only  means  of  communication  with 
the  valley  below  for  six  months  of  the  year  is  by  a  haz- 
ardous trip  down  the  canon  through  the  deep  snow. 
The  snow  gathers  around  the  summits  of  the  peaks  in 
such  heavy  masses  that  snow  slides  are  of  frequent  oc- 
currence. Since  1870,  132  persons  have  perished  in  this 
canon  from  these  slides,  and  the  town  of  Alta  has  been 
repeatedly  swept  as  if  by  a  cyclone.  Many  of  the  miners 
work  in  the  mines  all  the  year  round.  One  has  built  a 
cabin  under  the  summit  of  "Old  Baldy,"  a  peak  between 
the  Little  Cottonwood  and  American  Fork  canons,  10,- 
500  feet  above  the  level  of  the  sea.  In  these  altitudes 
the  rocks,  which  lift  their  heads  through  the  soil,  be- 
come bare.  The  tempests  have  left  them  naked  and 
gray.  A  life  in  these  vast  solitudes  is  not  very  enchant- 
ing, and  yet  thousands  of  energetic,  able  and  patriotic 
men  pass  their  lives  among  them,  the  great  majority 
deprived  of  many  of  the  comforts  of  life,  and  by  unre- 


—  15  — 


mitting  toil  contributing  to  the  material  wealth  of  the 
Territory. 

Leaving  the  mining  camps  and  returning  to  the 
valleys,  we  find  the  non-Mormons  supplying  the  ma- work  of  the  non- 

*  i  •    i     •       •  t     '  i  ioo  Mormons. 

jority  of  the  capital  which  is  invested  in  the  different 
avenues  of  business,  and  the  brains  which  give  life  and  — * 
force  to  the  different  channels  of  trade.  They  are  also 
engaged  in  the  important  work  of  educating  the  youth 
of  the  Territory.  By  their  efforts  mission  schools  have 
been  established  in  Salt  Lake  City,  Ogden,  and  nearly 
every  community  of  importance  in  the  Territory,  which 
have  been  very  successful.  In  Salt  Lake  City  the  Prot-  schools  estab. 
estant  Episcopal  Church  established  its  first  school  in lished' 
1867.  Then  it  had  a  school  with  16  pupils;  now  it  has 
four  schools,  29  teachers  and  589  pupils.  The  Methodist 
Church  opened  its  first  school  September  20th,  1870, 
with  28  pupils;  now  they  have  20  schools  with  86  teach- 
ers and  1060  pupils.  The  Presbyterians  opened  their 
first  school  April  12, 1S75,  with  30  pupils;  now  they  have 
33  schools  with  67  teachers  and  2110  pupils.  The  Salt 
Lake  Academy  opened  its  doors  in  the  fall  of  1878,  under 
the  auspices  of  the  Congregational  Church.  They  had 
in  1886,  22  schools  with  43  teachers  and  .1900  pupils. 
The  Baptist  Church  came  into  the  Territory  in  1884. 
They  have  one  school  with  one  teacher  and  74  scholars. 
The  first  Catholic  school  was  commenced  in  the  fall  of 
1875;  they  now  have  6  schools  with  53  teachers  and 
880  pupils.  The  Swedish  Lutheran  Church  opened  a 
school  last  year  with  one  teacher  and  35  pupils.  A  grand 
total  of  87  schools,  230  teachers  and  6668  scholars. 

These  different  denominations  have  now  in  Utah 
62  churches  of  the  value  of  $453,950  as  follows: 


No.  of  Churches. 


Vctluc 
$127,650  Churches. 


Protestant  Episcopal 

Methodist  

Catholic  

Presbyterian  

Congregational  

Swedish  Lutheran . . . 

Baptist  

Josephite  Mormon . . . 


I 

26 
6 
18 
*5 
.  1 
1 

.  1 


119,000 
25,300 

115,000 
25,0C0 
12,000 
25,000 
5,000 


*Also,  12  preaching  stations. 


—  16  — 


The  non-Mormons  have  always  been  regarded  as 
^vs"°en"ri°ard .intruders  in  Utah,  and  are  referred  to  as  "outsiders." 
moSrheMor"  Within  the  past  five  years  one  of  the  First  Presidency 
of  the  Mormon  Church  in  an  address  delivered  in  the 
Mormon  Tabernacle,  in  sustance  said,  "  We  ought  never 
to  have  let  them  secure  a  foothold  here.7'  And  this 
expresses  the  sentiments  of  the  great  majority  of  the 
Mormon  people.  They  attribute  the  troubles  which 
have  come  to  their  leaders,  to  the  presence  of  these 
"  outsiders,"  and  not  to  the  awakened  public  sentiment 
of  the  Nation.  The  non-Mormons,  who  have  played  a 
conspicuous  part  in  the  work  of  reforming  the  Territory, 
are  referred  to  as  "aggressive  persons,'7  "blatant  assail- 
ants of  the  religion  and  politics  of  the  majority  of  the 
business  men  and  people  of  the  Territory."  "  Conspira- 
tors7' and  "adventurers."  In  illustration  of  this  feeling 
we  refer  to  the  organization  of  the  Chamber  of  Com- 
merce at  Salt  Lake  City.  This  movement  was  made 
under  the  lead  of  Governor  West,  and  business  men  of 
every  shade  of  opinion  were  invited  to  participate  and 
to  work  for  the  common  benefit  of  all.  The  prominent 
non-Mormons  became  members  of  the  Chamber.  The 
Deseret  Evening  News,  the  authorized  exponent  of  the 
views  of  the  Mormon  church,  speaking  of  the  movement 
and  referring  to  them,  said: 

"How  much  harmony  can  be  expected  in  such  a  heterogeneous  com- 
mingling of  antagonistic  forces?  If  the  business  men  of  the  Territory 
want  to  work  together  for  business  purposes,  all  such  plotters  against  the 
peace  of  the  Territory  and  obsaclesto  its  material  interests  will  necessarily 
have  to  withdraw  or  be  removed  from  the  organization.  How  can  any  man 
with  self-respect  fraternize  and  hold  intimate  relations  with  persons  who 
have  deliberately  plotted  and  labored  with  all  their  might  to  misrepresent 
him  and  his  friends  and  rob  them  of  every  political  right  that  is  valued  by 
free  men?  Through  their  efforts  the  wives,  daughters,  sisters  and  mothers 
of  the  business  men  who  are  invited  to  help  boom  these  agitators  into 
influence  and  prosperity  have  been  deprived  of  the  franchise  and  relegated 
to  political  serfdom,  on  a  level  with  felons,  idiots  and  lunatics." 

This  extract  thoroughly  explains  the  feeling  enter- 
tained by  the  majority  against  those  of  the  minority 


—  17  — 


who  have  been  persistent  in  urging  Congress  to  provide 
a  remedy  for  the  evils  which  they  believe  to  exist  here. 
The  Chamber  of  Commerce  was  organized,  is  prosperous, 
and  ha0  proved  a  valuable  ally  to  the  business  community. 

The  non -Mormon  element  has  brought  to  Utah,  workaccom- 

°  .  plished  by  the 

enterprise  and  capital,  the  school-book  and  the  Bible. non  Mormons- 
Their  mining  industries  have  created  a  market  for  the 
sale  of  the  surplus  products  of  the  Mormon  farmer,  and 
employment  for  the  surplus  labor;  their  schools  and 
churches  are  promoting  the  temporal  and  spiritual 
welfare  of  the  people. 

The  majority  of  the  non-Mormons  impress  us  as 
being  enterprising  and  public  spirited  citizens  who  are 
warmly  attached  to  their  county  and  its  laws. 

THE  POLITICAL  HISTORY  OF  UTAH  AND  POLYGAMY. 

The  political  history  of  the  Territory  of  Utah  and 

,  •  -i  i-j  Political  history 

the  system  ot  plural  marriage  are  so  closely  interwoven  of  the  Territory 
that  the  one  cannot  be  considered  separate  and  apart  from an  P° >Bamy 
the  other.  In  fact,  since  July  24,1847,  polygamy  has  given 
tone  to  the  political  policy  of  the  Mormon  people.  Under 
the  provisional  government  of  theState  of Deseret,and  the  ^ , 
Territorial  government  which  followed  after,  every  act 
of  the  Legislative  Assembly  which  had,  even  remotely, 
a  political  bearing  was  voted  up  or  down  solely 
upon  the  question  of  its  relation  to  the  overshadow- 
ing   interest.      Every    effort    has    been    made  to 
strengthen  polygamy  which  the  experience  of  40  years 
could  suggest,  and  every  chord  has  been  struck  which 
it  was  supposed  might  send  back  a  responsive  and 
friendly  note. 

The  result  has  been  that  nearly  every  man  of  prom- 
inence in  the  church  became  a  polygamist;  the  control-  SrSo^by6 
ling  intellect  of  Utah  became  involved  in  the  practice.  polygamists' 
They  filled  nearly  every  office  of  importance  in  the 
church,  and  in  the  Territorial  and  county  governments, 
and  had  a  large  majority  of  every  Legislative  Assembly 


—  18  — 


down  to  the  year  1882,  when  the  "  Edmunds  Law  "  dis 
qualified  them.    Utah  was  governed  by  men  who  seemed 
determined  to  build  up  in  the  heart  of  the  American 
continent  a  polygamous  empire. 

The  statistics  for  1880  will  give  an  idea  of  how  far 
they  had  progressed. 

The  census  found  a  population  of  143,962,  of  which 
The  strength  of  60.576  were  over  21  years  of  age;  about  10,000  of  these 
ciasspolysamous  are  estimated  to  be  non-Mormons.  The  number  of  per- 
sons then  living  in  polygamy  was  found,  after  careful 
inquiry,  to  be  about  12,000,  and  there  were  at  least  3000 
who  had  lived  in  polygamy,  but  a  separation  had  been 
effected  by  death  or  otherwise,  making  a  total  of  15,000, 
30  per  cent  of  the  adult  Mormon  population,  or  one 
out  of  every  3  1-3  who  had  entered  into  polygamy. 
While  all  did  not  enter  into  polygamy,  all  believed  it 
right  as  a  divine  revelation  and  upheld  it  in  those  who 
chose  to  enter  into  the  relation.  The  system  was  united 
hj  ties  of  kindred  with  nearly  every  Mormon  famity  in 
the  Territory. 

Utah  was  controlled  by  the  bishops  of  the  church, 
under  the  direction  of  Brigham  Young,  from  July  24, 
The  government  1847,  to  March  18,  1849,  at  which  time  was  organized 
t^S^Sion  the  provisional  government  of  the  State  of  Deseret. 
of  the  Territory.  The  Apostles  of  the  Church  in  a  general  epistle  said 
they  had  petitioned  Congress  for  the  organization  of  a 
Territorial  government,  and,  until  the  petition  was 
granted,  they  were  under  the  necessity  of  organizing  a 
local  government.    Brigham  Young  was  elected  Gov- 
ernor of  the  State.    The  most  important  act  of  the  Leg- 
islative Assembly  of  the  new  State  was  the  incorporation 
of  the  Church  of  Jesus  Christ  of  Latter-day  Saints. 
Section  3,  which  we  here  reproduce,  under  the  form  of 
law,   we  think,  directly  sanctioned  the  practice  of 
polygamy. 

"Sec.  3.   And  be  it  further  ordained:   That,  as  said  Church  holds  the 
^       Constitutional  and  original  right,  in  common  with  all  civil  and  religious 


Incorporation  of 
the  .Mormon 
Church. 


♦ 


—  19  — 


commanities,  "to  worship  God  according  to  the  dictates  of  conscience;"  to 
reverence  communion  agreeably  to  the  principles  of  truth,  and  to  solemnize 
marriage  compatible  with  the  revelations  of  Jesus  Christ;  for  the  security 
and  full  enjoyment  of  all  blessings  and  privileges,  embodied  in  the  religion 
of  Jesus  Christ,  free  to  all;  it  is  also  declared  that  said  church  does,  and 
shall  possess  and  enjoy  continually,  the  power  and  authority,  in  and  of 
itself,  to  originate,  make,  pass  and  establish  rules,  regulations,  ordinances, 
laws,  customs  and  criterions,  for  the  good  order,  safeiy,  government,  con- 
veniences, comfort,  and  control  of  said  church;  and  for  the  punishment 
and  forgiveness  of  all  offenses,  relative  to  fellowship,  according  to  church 
covenants;  that  the  pursuit  of  bliss,  and  the  enjoyment  of  life,  in  the 
capacity  of  public  association  and  domestic  happiness,  temporal  expansion, 
or  spiritual  increase  upon  the  earth,  may  not  legally  be  questioned.  Pro- 
vided, however,  that  each  and  every  act,  or  practice  so  established,  or 
adopted  for  law,  or  custom,  shall  relate  to  solemnities,  sacraments,  cere- 
monies, consecrations,  endowments,  tithings,  marriages,  fellowship,  or  the 
religious  duties  of  man  to  his  Maker;  inasmuch  as  the  doctrines,  principles, 
practices,  or  performances,  support  virtue,  and  increase  morality,  and  are 
not  inconsistent  with,  or  repugnant  to,  the  Constitution  of  the  United  States, 
or  of  this  State,  and  are  founded  in  the  revelations  of  the  Lord." 

The  Edmunds-Tucker  act  of  March,  18S7,  annulled  Incorporation  act 
this  act,  and  directed  the  Attorney-General  of  the  United annulled- 
States  to  close  up  the  affairs  of  the  church. 

Jan.  27,  1851,  the  news  reached  Salt  Lake  City  that 
Congress  had  created  the  Territory  of  Utah,  and  that  S?K3^rf 
President    Fillmore  had  appointed  Brigham  Young 
Territorial   Governor.     No   appointment  could  have 
been  made  which  would  have  been  more  satisfac- 
tory to  the  Mormons.      Brigham  Young  was  their 
leader,   ruler  and  prophet.      He    was    re-appointed  Appointment  of 
Governor  by  President  Pierce,  and  served  till  July  S"fcYrng 
11,  1857.     The  influence  of  this  appointment  upon 
the  future  of  Utah  was  far-reaching.    It  enabled  the 
Mormon  people  to  adopt  a  system  of  laws  which  gave 
them  absolute  control  over  the  Territorial  government, 
and  stripped  the  Federal  officers  of  all  authority  and  ResuIts  which 
power.    At  an  early  day  laws  were  passed  conferring  JSSSL?6 Fed- 
upon  Probate  Courts,  concurrent  jurisdiction  with  the p^wdT 
District  Courts  and,  owing  to  the  claim  and  exercise  0f power* 
jurisdiction  by  these  Probate  Courts  under  Territorial 
laws,  the  District  Courts  as  representatives  of  the 


—  20  — 


ence  to  jurors 


Jurors  selected 


National  authority,  continued  to  be  practically  nullities 
until  1874.  In  1874  (by  the  Poland  Act)  Congress  defined 
and  limited  the  jurisdiction  of  the  several  grades  of 
courts  in  the  Territory. 

The  act  as  it  passed  the  House  of  Representatives 
placed  the  power  of  naming  jurors  for  the  Courts  with 
-ri%iandn,pAchte  ^ne  U.  S.  Marshal;  but  by  a  provision  of  the  Act  imposed 
Ac?whhreuferd-S "at  its  last  stage,  the  power  to  name  one-half  of  the 
panel  was  restored  to  the  old  agency;  by  reason  of 
which,  acts  of  Congress  distasteful  to  Utah,  remained 
dead  letters  till  1882-3  when  the  "Edmunds  Act"  dis- 
qualified Mormons  from  jury  service  in  polygamy  and 
unlawful  cohabitation  cases.    In  1885  it  was  held  and 
affirmed  in  the  case  of  Rudger  Clawson,  indicted  for 
polygamy,  that  the  District  Courts  were  not  confined  to 
the  panel  so  named,  but  after  its  exhaustion  might  re- 
sort to  an  open  venire.    This  decision  removed  the  clog 
by  open  venire,  from  the  eiiforcemeut  of  the  laws  which  had  existed 
over  30  years  (the  result  which  followed  from  the  ap- 
pointment of  Brigham  Yonng  as  Governor);  prosecutions 
Effect  of  the     and  convictions  for  polygamy  and  unlawful  cohabitation 

prosecutions  for  ijii  e  i  *ii  1 

polygamy  and   under  the  laws  or  Congress  became  possible  and  so  suc- 

unlawful  cohabi-  „,  i  •        j     i  it  j  •  i  r» 

tation.  cesslul  and  eihcient  have  these  prosecutions  been  lor 
three  years  past  that  a  great  number  of  convictions, 
particularly  for  the  latter  offence,  have  been  had,  and  a 
large  number  of  offenders,  including  the  most  promi- 
nent and  influential  leaders,  have  fled  or  gone  into  con- 
cealment, to  avoid  conviction.  In  furtherance  of  the 
purpose  of  obtaining  control  of  the  Territory,  an  inde- 

independent     pendent  military  organization  was  established  by  law 

military  organi-    JL  •/  o  «/ 

zation  a eated.  jn  violation  of  the  organic  act  which  makes  the  Gover- 
nor of  the  Territory  "Commander-in-chief  of  the  militia 
thereof."  This  independent  organization  was  forced  to 
disband  by  Gov.  Shaffer  in  1870. 

Laws  were  also  adopted  for  the  election  of  cer- 
tain officers  which  the  organic  act    imposes  upon 


—  21  — 

the  Governor   the    duty    of    appointing.     The  At- 
torney-General of  the  United  States  has  decided  the  pZt^lppfnt, 
power  to  appoint  lies  with  the  Governor;  but  the  Legis-SaSofiSr- 


Laws  depriving 


eanic  Act. 


lative  Assembly  presistently  refuses  to  remedy  the 
wrong. 

In  1851,  polygamy  was  publicly  proclaimed  as  a 
tenet  of  the  church  by  alleged  "Divine  revelation,"  by  i^fS^;d 
Brigham  Young,  President  of  the  Mormon  Church,  andmi8si- 
Governor  of  the  Territory. 

At  a  special  Conference  of  the  Mormon  Church,  held 
at  Salt  Lake  City  during  the  same  year,  was  begun  the SZTrfyL1-116 
controversy  between  the  Mormon  people  and  the  repre-  moenepeipifa0nrd 
sentativesof  the  Federal  Government  which  has  con.theG— 
tinned  to  the  present  time.     Judge  Brocchus  of  the 
Territorial  Supreme  Court,  who  was  present,  rebuked 
the  people  for  their  polygamous  practices .    His  speech 
was,  as  he  said,  "the  result  of  deliberation  and  care." 
It  gave  great  offence  to  Brigham  Young  and  the  Mormon 
people,  who  charged  him  with  falsifying  "the  eternal 
principles  of  truth,"  and  with  insulting  the  Mormon 
women. 

From  1851  to  1862,  polygamy  flourished  unchecked 
and  uncontrolled.    The  Mormon  people  claim  that  plural 
marriage  during  this  period  was  not  unlawful.     Cer-  Erroneous  claim 
tainly  there  was  no  statute  law  against  the  practice  of 

that  polygamy 

l  i'-ii  •  was  'awful  from 

polygamy,  and  it  the  common  law  did  not  come  into  i85*  to  1862. 

the  Territory  at  the  time  the  United  States  acquired 

possession,  they  are  right;  but  it  is  an  indisputable  fact 

that  the  common  law  was  in  full  force  during  these 

years.    The  act  of  1862  provides  that  "every  person  Provisions  of  the 

having  a  husband  or  wife  living,  who  marries  another, Act  °f  l862' 

whether  married  or  single,  in  a  Territory  or  other  place, 

over  which  the  Uuited  States  has  exclusive  jurisdiction, 

is  guilty  of  polygamy,  and  shall  be  punished  by  a  fine 

of  not  more  than  $500,  and  by  imprisonment  for  a  term 

of  not  more  than  five  years."     The  Mormon  people 

claimed  the  law  was  not  constitutional.    At  the  first 


—  22  — 


ernor  Hardim 


session  of  the  Legislative  Assembly  following,  Governor 
Harding  in  his  message  said: 

"I  respectfully  call  your  attentioi  to  an  act  of  Congress  passed  the 
first  day  of  July  1862,  entitled  'An  Act  to  punish  and  prevent  the  practice 
Message  of  Gov-  of  polygamy  in  the  Territories  of  the  United  States  and  in  other  places, 
and  disapproving  and  anulling  certain  acts  of  the  Territorial  Legislative 
Assembly  of  the  Territory  of  Utah.'  I  am  aware  that  there  is  a  prevailing 
opinion  here  that  said  act  is  unconstitutional,  and  therefore  it  is  recom- 
mended by  those  in  high  authority  that  no  regard  be  paid  to  the  same; 
and,  still  more  to  be  regretted,  if  I  am  rightly  informed,  in  some  instances  it 
has  been  recommended  that  it  be  openly  disregarded  and  defied,  merely  to 
defy  the  same.  I  take  this  occasion  to  warn  the  people  of  this  Territory 
against  such  dangerous  and  disloyal  courses.  Whether  such  act  is  uncon- 
stitutional or  not  is  not  necessary  for  me  either  to  affirm  or  deny.  The 
individual  citizen,  under  no  circumstances  whatever,  has  the  right  to  defy 
any  law  or  statute  of  the  United  States  with  impunity.  In  so  doing  he 
takes  upon  himself  the  risk  of  the  penalties  of  that  statute,  be  they  what 
they  may,  in  case  his  judgment  be  in  error.  The  Constitution  has  amply 
provided  how  and  where  all  such  questions  of  doubt  are  to  be  submitted 
and  settled,  viz.,  in  the  courts  constituted  for  that  purpose.  To  forcibly 
resist  the  execution  of  that  act  would  be,  to  say  the  least,  a  high  misde- 
meanor, and  if  the  whole  community  should  become  involved  in  such 
resistance  would  call  down  upon  it  the  consequences  of  insurrection  and 
rebellion.  I  hope  and  trust  that  no  such  rash  counsel  will  prevail.  If, 
unhappily,  I  am  mistaken  in  this,  I  choose  to  shut  my  eyes  to  the  conse- 
quences." 

The  timely  advice  contained  in  the  recommenda- 
tions of  Governor  Harding  was  not  heeded.    The  peo- 
Hisrecommenda-  pie  continued  to  violate  the  law  with  impunity.  The 

tion  unheeded.     A  i        m  • 

courts  and  the  officials  were  powerless,  under  the  Terri- 
torial Statutes,  to  enforce  and  execute  the  punitory  pro- 
visions of  the  law.  The  anomalous  condition  of  affairs 
was  presented  of  the  will  of  the  Nation  being  ignored 
by  a  few  men  who  claimed  the  sanction  of  Divine 
authority  for  their  acts.  It  is  reported  that  the  Mor- 
mons make  the  claim  that  they  were  led  to  believe  by 
National  authority  that  the  law  of  1862  was  not  to  be 
enforced,  but  was  to  remain  a  dead  letter  on  the  statute 
books.  Certainly  this  was  an  error,  and  nothing  but 
the  fact  that  the  time  of  Congress  was  occupied  with 
matters  involving  the  life  of  the  Nation,  and,  after  the 
war,  with   other  matters   of  importance,  prevented 


—  23  — 


1  prompt  and  energetic  action  on  the  subject.  Congress 
has  at  every  opportunity  taken  occasion  in  the  most 
signal  manner  to  express  its  abhorrence  of  the  practice 
of  polygamy.  On  June  23,  1874,  the  "Poland  Act"  be-  ^agned°f^te 
came  a  law.  It  was  the  first  law  by  which  Congress  had Its  provisions.  * 
struck  at  the  judicial  system  under  the  cover  of  which 
the  Mormons  had  so  long  rendered  the  district  courts 
powerless.  The  jury  panel  was  now  to  be  selected  by 
the  clerks  of  the  district  courts,  and  the  probate  judge 
of  the  county  in  which  the  terms  of  court  were  held. 
Two  hundred  names  were  to  be  selected  annually,  100 
by  each.  The  experiment  of  mixed  juries  proved  a  fail- 
ure. The  grand  juries  were  about  equally  divided, 
which  rendered  abortive  all  attempts  to  indict  polyg- 
amists,  In  1878  a  partial  relief  came  from  an  unex- 
pected source.    The  Legislative  Assembly  passed  an  act  • 

x  °  J    L  Legislative  As- 

regulating  the  mode  of  procedure  in  criminal  cases  fmb'>,provide/ 

o  o  J-  for  challenges  for 

which  provided  for  challenges  for  actual  bias  to  be  tried actual  bias- 
by  triers  appointed  by  the  court.  When  the  case  of 
Miles,  indicted  for  polygamy,  was  reached  for  trial,  the 
District  Attorney  challenged  the  Mormon  jurors  for 
actual  bias,  the  court  appointed  triers,  and  the  chal- 
lenge was  sustained.  The  Mormon  Legislature  has 
practically  adopted  the  California  code,  which  contained 
this  provision,  probably  not  anticipating  such  a  con- 
struction by  the  court. 

The  act  properly  known  as  the  "Edmunds  Act"  was  Passage  of  the 
approved  March  22,  1882.    The  penalty  for  polygamy  Edmunds  AcU 
was  made  the  same  as  that  fixed  by  the  laws  of  1862.  A 
penalty  was  also  provided  "against  any  man  who  sim- 
ultaneously, or  on  the  same  day,  married  more  than  one 
woman.'7    "Simultaneous"  nuptials  was  an  expedient  ,<sim"ltane°us" 

A  nuptials  and  un- 

adopted  to  protect  those  who  chose  to  violate  the  law.  [fJT/pl-ohufkiS" 
The  law  further  provided  a  penalty  for  unlawful  cohabi- 
tation.   H  eretofore  the  law  made  the  marriage  a  crime. 
Now  the  living  together,  the  holding  out  of  two  or  more 
women  to  the  world  as  wives,  was  made  a  misdemeanor. 


The  great  necessity  for  this  amendment  arose  from  the 
difficulty  of  securing  the  conviction  of  polygamists. 

The  entire  Mormon  community  conspired  to  con- 
The  Mormon    ceal  the  evidence  of  such  marriages,  until  the  statute  of 

community  con-  0 

spire  to  conceal  limitations  would  prove  a  bar  to  prosecution.    Then  the 

evidence  01  poly-  >-  -  * 

Sg°rmai"    polygamous  relation  would  be  openly  acknowledged. 

Before  the  passage  of  this  act  the  Mormon  leaders  were 
frequently  seen  on  the  streets,  in  the  theaters  and  other 
public  places  with  their  polygamous  wives.  The  law 
also  provided  for  amnesty  to  such  offenders  as  would 

Amnesty  provid-  .  ip'i  1  ti« 

edfor.         m  good  faith  renounce  polygamy.    Eighty-one  persons 
have  thus  far  been  amnestied  by  the  President.  The 
Number amnes-  issue  of  polygamous  marriages  before  January  1,  1883, 
t,ed-  were  legitimated.    The  vital  importance  of  making  the 

continuance  of  the  potygamic  relation  a  misdemeanor 
incipitent  con-  is  seen  in  the  incipient  contest  which  it  has  produced 
mon  church,  in  the  Mormon  Church.  At  first  several  of  the  persons 
thus  arraigned,  promised  in  open  court  to  obey  the 
laws  thereafter,  and  this  in  the  face  of  strenuous  oppo- 
sition. 

The  Deseret  News,  the  church  organ,  editorially  pro- 
Determined  effort  claimed  that  no  Mormon  could  consistently  make  such 
g°aSst7nfrom^  a  promise  without  violating  obligations  which  bound 
thekw.        him  for  time  and  eternity.    Those  who  did  so  were  re- 
ferred to  in  a  manner  calculated  to  make  their  neigh- 
bors feel  that  they  had  incurred  disgrace.    In  the  case 
of  John  Sharp,  decisive  action  was  taken.    He  was  a 
prominent  man  in  the  Territory,  a  gentleman  of  high 
sharPof  John    character,  who  had  secured  the  respect  of  the  people. 

He  had  the  courage  and  the  patriotism  to  appear  in 
Court  and  announce  his  intention  to  obey  the  laws. 
He  was  promptly  removed  from  the  office  of  Bishop 
of  the  20th  Ward  of  Salt  Lake  City,  in  which  office  he 
had  become  endeared  to  the  people  by  associations  ex- 
tending beyond  a  period  of  twenty  years.  It  was 
thought  that  his  patriotic  course  would  have  an  influ- 
ence upon  others  and  encourage  them  to  respect  the 
law;  hence  the  summary  treatment  he  received. 


—  25  — 


During  the  two  years  ending  August  21st,  1887,  but 
two  or  three  persons,  convicted  of  unlawful  cohabita- 
tion, have  promised  to  obey  the  law,  to  escape  imprison- 
ment. 

At  the  September  term,  18S7,  of  the  Third  District 
Court,  the  first  two  persons  convicted  of  unlawful  co- 
habitation, promised  to  obey  the  law  for  the  future.  It 
is  proper  we  should  here  say  that  an  opportunity  Has 
always  been  given  to  these  people  by  the  Court,  to  es- 
cape punishment  by  a  promise  to  obey  the  laws. 

Since  the  passage  of  the  Edmunds  law  of  1882,  the 
following  number  of  persons  have  been  indicted  and 
convicted  for  unlawful  cohabitation  and  polygamy. 

No.  Indicted,  No.  Convicted. 

Unlawful  Cohabitation  .541  289  Number  of  con- 

Polygamy  27 

   ful  cohabitation. 

Total  568  303 

Many  of  the  persons  indicted  have  fled  or  have  con- 
cealed themselves  to  escape  arrest. 

In  the  enforcement  of  the  law  the  present  officers  Federal  officers 
of  the  Federal  Courts  in  Utah  are  entitled  to  special commen 
commendation,  and  this  should  also  include  the  late  able 
and  efficient  prosecuting  attorney. 

While  but  a  small  proportion  of  the  offenders  have 
been  convicted,  the  tension  produced  by  these  prosecu- 
tions cannot  be  over-estimated.    Actuated  by  a  deter-  resorted  to  by 

,  .  .      .  •  j  i  p    ~vt    1  '  l  Mormons  to  de- 

mmation  not  to  recognize  the  supremacy  ol  JN  ational  feat  the  iaw  pro- 
laws  where  they  forbid  crimes  sanctioned  by  a  religious  amyms  po  yg 
creed,  it  is  not  surprising  that  the  leaders  have  resorted 
to  unusual  methods  to  defeat  the  law,  and  so  great  is 
their  influence,  and  so  compact  their  organization,  that 
the  entire  membership  have  been  a  unit  in  aiding  and 
abetting  the  offenders  in  their  obstructive  course,  and 
in  escaping  the  penalty  of  their  crimes.    The  law  of  Citation  to  the 

Mormon  people 

1882  invites  the  Mormon  people,  through  their  Legisla-to£rinsUtah."r 

J        1       7  °  <->  to  harmony  with 

tive  Assembly,  to  bring  Utah  into  harmony  with  the the  Nation- 
expressed  will  of  the  Nation;  to  recognize  the  fact  that 


—  26  — 


every  interest  must  remain  subordinate  to  the  general 
welfare,  and  be  subject  to  the  Constitution  and  the 
laws;  to  cease  the  wretched  policy  of  evasion  and  resist- 
»  ance  to  law,  which,  if  persisted  in,  will  destroy  the  pub- 
lic pride  and  result  in  moral  decay;  and  to  correct  the 
wrongs  which  have  so  long  held  Utah  up  to  the  public 
gaze  in  deplorable  pre-eminence. 

Governor  Murray  in  his  message  to  the  Legislative 
mI^I^'  Assembly of  1884,  the  first  after  the  passage  of  the  Ed- 
munds act  of  18S2,  and  again  in  1886,  called  attention  to 
the  invitation  to  the  Mormon  people  contained  in  the 
law,  and  expressed  his  willingness  to  co-operate  with 
them  in  the  adoption  of  proper  measures. 

\m\  Polygamy  The  National  laws  relating  to  bigamy  and  polyg- 
Laws  in  effective  amv  have  been  in  effective  operation  for  about  three 

operation  for  •  * 

about  three  yea.  s  years>  Standing  face  to  face  with  the  law,  the  leaders 
and  their  obedient  followers  have  made  no  concession 
to  its  supremacy,  and  the  issue  is  squarely  maintained 
between  assumed  revelations  and  the  laws  of  the  land. 
As  late  as  August  23rd,  1887,  and  seven  weeks*  after  the 

Mormon  leaders  adoption  of  the  proposed  State  Constitution,  at  Provo 

have  made  no  1  *■  L 

Jwproh°biffnghe  Citv>  Utah,  a  public  reception  was  tendered  by  the  Mor- 
poiygamy  mon  pe0pje  at  their  meeting  house,  to  several  persons, 
polygamists.who  had  just  been  released  from  the  peniten- 
tiary. Among  the  speakers  were  two  of  the  stake  pres- 
idency, two  bishops  and  elders  of  the  church,  nearly 
all  of  whom  were  polygamists,  and  who  proclaimed 
their  intention  to  live  in  the  future  as  they  had  in  the 
past. 

The  two  elements  of  population  are  divided  into 
JahrtiS?heTer!the  People's  party  (Mormon,)  and  the  Liberal  party  (non- 
ritsry.  Mormon).  Up  to  1870,  the  Mormons  had  no  opposition 
except  in  1867,  when  a  non-Mormon  candidate  for  Dele- 
gate to  Congress  received  105  votes.  The  Liberal  party 
was  organized  in  1870,  and  has  continued  to  maintain  its 
organization  up  to  the  present  time.  Its  highest  vote 
was  polled  for  Philip  T.  Van  Zile,  candidate  for  Delegate 


—  27  — 


to  Congress,  at  the  first  election  held  under  the  law  of 
March  22nd,  1882.  He  received  4884  votes  against  23,- 
039  for  John  T.  Caine.  This  brings  us  down  to  the  reg- 
istration and  election  of  1887. 

THE  REGISTRATION  AND  ELECTION  OF  1887. 

The  first  annual  election  since  the  Act  of  Congress 
prescribing  a  registration  oath  for  voters  was  held  on  Registration  and 
August  1st,  of  this  year,  and  was  preceded  by  a  regis- electlon  of  l88/' 
tration  under  that  act,  made  in  the  months  of  May  and 
June  last.  The  Commission,  after  careful  consideration, 
to  aid  in  securing  uniformity  of  action  by  the  registra- 
tion officers,  formulated  and  submitted  to  them  for 
their  use,  as  an  advisory  act  on  the  part  of  the  Com- 
mission, a  form  of  registration  oath,  substantially  in  the 
words  of  the  act,  as  follows: 

Territory  of  Utah, 
County  of  

I  being  duly  sworn  (or  affirmed,)  depose  and  say  that  I  am  The  Comm;s,  0 , 

over  twenty-one  years  of  age,  that  I  have  resided  in  the  Territory  of  Utah  oath, 
for  six  months  last  past,  and  in  this  precinct  for  one  month,  immediately 
preceding  the  date  thereof;  and  that  I  am  a  native  born  or  naturalized, 
(as  the  case  may  be)  citizen  of  the  United  States;  that  my  full  name  is 

 that  I  am  years  of  age;  that  my  place  of  business  is 

  that  I  am  a  (single or)  married  man,  that  the  name  of  my 

lawful  wife  is  and  that  I  will  support  the  Constitution 

of  the  United  States,  and  will  faithfully  obey  the  laws  thereof,  and  espec- 
ially will  obey  the  Act  of  Congress  approved  March  22,  1882,  entitled,  "An 
act  to  amend  Section  5352  of  the  Revised  Statutes  of  the  United  States  in 
reference  to  bigamy  and  for  other  purposes,"  and  that  I  will  also  obey  the 
Act  of  Congress  of  March  3,  1887,  entitled  "An  Act  to  amend  an  Act  entitled 
An  Act  to  amend  Section  5352  of  the  Revised  Statutes  of  the  United  Stages 
in  reference  to  bigamy  and  for  other  purposes,  approved  March  22,  1882," 
in  respect  of  the  crime  in-  said  act  defined  and  forbidden,  and  that  I  will 
not,  directly  or  indirectly,  aid  or  abet,  counsel  or  advise  any  other  person 
to  commit  any  of  said  crimes  defined  by  Acts  of  Congress  as  polygamy, 
bigamy,  unlawful  cohabitation,  incest,  adultery  and  fornication. 

Subscribed  and  swore  to  before  to  before  me  on  this. .  .day  of  188. . 

 Deputy  Registration  Officer  for  Precinct  

County. 

Although  the  person  applying  to  have  his  name  registered  as  a  voter 
mav  have  made  the  foregoing  oath,  yet  if  the  Registrar  shall  for  reason- 
able or  probable  cause,  believe  that  the  applicant  is  then,  in  fact,  a  big- 


—  28  — 


amist,  polygamist,  or  living  in  unlawful  cohabitation,  incest,  adultery  or 
fornication,  in  our  opinion  the  Registrar  may  require  the  applicant  to 
make  the  following  affidavit: 


Territory  of  Utah, 
County  of  


I  further  swear  (or  affirm)  that  I  am  not  a  bigamist, 

polygamist,  or  living  in  unlawful  cohabitation,  or  associating  or  cohabit- 
ing polygamously  with  persons  of  the  other  sex,  and  that  I  have  not  been 
convicted  of  the  crime  of  bigamy,  polygamy,  unlawful  cohabitation,  incest, 
adultery  or  fornication. 

Subscribed  and  sworn  to  before  me  on  this  day  of  188. . 

 Deputy  Registration  Officer  for  Precinct.  

County. 

Note.— Those  parts  of  the  above  form  in  relation  to  being  "sworn 
or  affirmed,"  and  as  to  being  a  "native-born  or  naturalized  citizen,"  and  as 
to  being  a  "single  or  married  man,"  should  be  changed  by  erasure,  or  a 
line  drawn  through  the  words  so  as  to  be  applicable  to  tha  case. 

Prior  to  the  registration,  and  under  the  date  of 
April  4th,  1887,  the  Central  Committee  of  the  "Peo- 
PeopTs  Party?  pie's"  party,  (Mormon)  issued  an  address,  advisory,  to 
the  voters  of  the  party,  in  which  the  oath  prescribed  by 
the  act  was  commented  upon,  interpreted  and  explained, 
and  the  voters  informed  that,  as  to  male  voters,  there 
is  nothing  in  the  act  which  need  necessarily  reduce  their 
numbers;  that  duty  called  them  to  wakefulness  and  ac- 
tivity, and  all  who  could  take  the  oath  were  urged  to 
do  so.  The  substance  of  the  interpretation  is  in  this 
extract: 

"The  questions  that  intending  voters  need,  therefore  ,ask  themselves  are 
these:  Are  we  guilty  of  the  crimes  in  said  act;  or,  have  we  the  present 
intention  of  committing  these  crimes,  or  of  aiding,  abetting,  causing  or 
advising  any  othnr  person  to  commit  them?  Male  citizens  who  can 
answer  these  questions  in  the  negative  can  qualify  under  the  existing 
laws,  as  voters  and  office  holders." 

This  interpretation  does  not  seem  to  be  a  correct 
An  incorrect  ex-  exposition  of  the  law,  and  is  well  adapted  to  quiet  the 
posmon  of  the  conscience  0f  the  Voter  and  invite  him  to  find  his  mind 
free  from  any  intention  relating  to  the  subject.  The 
clear  meaning  of  the  law  is  that  the  voter  must  have 
a  present,  affirmative  intention  to  obey  the  law  in  the  future, 
while  the  interpretation  given  by  the  "People's"  party 


—  29  — 


invites  him  to  take  the  oath  if  he  can  merely  say  he  has 
not  a  present  affirmative  intention  to  violate  the  la  w.  The 
law  prescribes  a  rule  of  action  to  bind  the  voter  for  the 
future  which  cannot  be  broken  without  subjecting  him 
to  the  reproach  of  moral  perjury. 

When  a  law  can  be  assumed  to  express  the  will  and 
belief  of  a  people  subject  to  its  provisions,  those  who 
have  not  formed  the  intention  to  violate  it,  may  fairly 
be  assumed  to  have  the  intention  to  obey  it,  and  in  such 
cases  the  distinction  between  an  actual  intent  to  obey, 
and  a  formal  intent  to  disobey  a  law  might  not  be  of 
much  practical  importance,  for  a  good  citizen  who  had 
not  formed  an  intention  to  violate  the  law,  might 
well  be  assumed  to  have  an  intention  to  obey  it.  When, 
however,  the  law  expresses  neither  the  will  nor  the  be- 
lief of  a  great  majority  of  a  people,  the  assumption  of 
the  intention  to  obey  cannot  be  affirmed  .from  the  ab- 
sence of  a  formal  intention  to  disobey,  and,  like  some 
other  inviting  ground,  the  field  of  no  intention  may  be SS^ftke 
broad,  and  to  those  who  may  wish  to  occupy  it,  very  de- a 
sirable.  The  address  was  well  calculated  to  invite  the 
"intending  voter"  to  silence  the  promptings  of  his  con- 
science in  relation  to  an  institution  which  they  claim  is 
"interwoven  with  their  dearest  and  earliest  hopes  con- 
nected with  eternity,"  in  favor  of  increasing  the  num- 
ber of  voters  of  the  "People's  party."  The  address  fur- 
ther contained  the  remarkable  statement  that  this  was 
"not  a  time  to  indulge  in  'bogus'  sentiment." 

Members  of  the  Liberal  Party,  in  view  of  the  eva- 
sive interpretation  given  by  the  Central  Committee  of 
the  People's  party,  were  not  satisfied  with  the  form  of 
oath  formulated  by  the  Commission,  and  asked  the  Com- 
mission to  recommend  a  form  of  oath  which  they 
claimed  was  necessary  to  bring  the  true  intent  and 
meaning  of  the  law  within  reach  of  the  conscience  of 
the  voter,  as  follows: 


—  30  — 


Territory  of  Utah 
County  of  


I  being  duly  sworn  (or  affirmed,)  depose  and  say  that  I 

am  over  twenty-one  years  of  age,  that  I  have  resided  in  the  Territory  of 
Utah  for  six  months  last  past,  and  in  this  precinct  for  one  month  preced- 
ing the  date  hereof;  and  I  am  a  native-born  (jr  naturalized),  as  the  case 

Oath  suggested  mav  De>  citizen  of  the  United  States;  that  my  full  name  is  ; 

bv  non-Mormon  that  I  am  years  of  age;  that  my  place  of  business  is  ; 

that  I  am  a  (single  or)  married  man;  that  the  name  of  my  lawful  wife  is 

 ;  that  I  will  support  the  Constitution  of  the  United  States 

and  will  faithfully  obey  the  law*  thereof;  and  I  will  especially  obey  the 
acts  of  Congress  prohibiting  polygamy,  bigamy,  unlawful  cohabitation, 
incest,  adultery  and  fornication;  that  1  will  not  hereafter  at  any  time, 
within  any  Territory  of  the  United  States,  while  said  acts  of  Congress 
remain  in  force,  in  obedience  to  any  alleged  revelation,  or  to  any  counsel, 
advice  or  command,  ffOm  any  person  or  source  whatever,  or  under  any 
circumstances,  enter  mto  plural  or  polygamous  marriage,  or  have  or  take 
more  wives  than  one,  or  cohabit  with  more  than  one  woman;  that  I  will 
not  at  any  time  hereafter,  in  violation  of  said  acts  of  Congress,  directly  or 
indirectly,  aid  or  abet,  counsel  or  advise  any  person  to  have  or  to  take 
more  wives  than  one,  or  to  cohabit  with  more  than  one  woman,  or  to 
commit  incest,  adultery,  or  fornication;  that  I  am  not  a  bigamist  or 
polygamist;  that  I  do  not  cohabit  polygamously  with  persons  of  the  other 
sex,  and  that  I  have  not  been  convicted  of  any  of  the  offences  above 
mentioned. 

Subscribed  and  sworn  to  before  me  this  day  of  188. . 

 Deputy  Registration  Officer  for  Precinct  

County. 

This  request  the  Commission  declined,  in  substance 
holding  the  form  previously  recommended  contained  all 
the  requirments  of  the  law,  in  the  language  of  the  law, 
and  that  they  did  not  feel  authorized  to  recommend  any 
additions  to  that  form. 

The  discussion  settled  nothing,  but  only  brought 
out  more  clearly  that  no  test  oath  as  to  future  conduct 
is  of  any  value  to  prevent  infractions  of  the  law.  That 

Effect  of  the  dis-  ^  *  .  . 

cussion  with  re-  whether  a  law  will  or  will  not  be  violated  is  a  matter 

spect  to  the  oath.  m  m  t 

depending  on  motives  and  conditions  which  no  test  oath 
can  reach  or  remove,  and  the  probabilities  in  the  case 
will  be  largely  affected  by  the  opinions  of  the  person 
and  community  in  which  he  lives,  as  to  whether  the 
law  is  constitutional,  and  morally  just,  and  whether  or 
not  the  prohibited  act  is  morally  and  religiously  right 
or  wrong. 


—  31  — 


In  all  the  election  districts  the  form  recommended 
by  the  Commission  was  used  by  the  Registration  Offi-  Commission  oath 
cers,  although  the  other  form  was  distributed  by  the  Ih^TeSy?111 
Loyal  League,  a  non-Mormon  organization.  In  one  dis- 
trict the  Registrar  attempted  to  use  the  form  suggested 
by  the  Liberal  Committee,  but  he  was  removed,  and  an- 
other appointed  who  used  the  Commission  oath.  In  an- 
other district  tne  registrar  claimed  the  right  to  ask 
voters  questions  not  contemplated  by  the  law,  and  was 
promptly  removed. 

The  form  of  oath  suggested  by  members  of  the 
Liberal  party  was  first  used  in  the  Third  District  Court, 
presided  over  by  Chief  Justice  Zane,  and  is  now  used  in in  the  courts* 
the  District  Courts,  of  the  Territory  for  the  qualifica- 
tion of  jurors. 

The  total  registration  in  the  Territory  was  20,585. 
At  the  general  election  of  the  Territory  held  on  August  Th 
1,  1887,  there  were  13,395  votes  cast  for  the  People's 
party  candidates,  and  3255  votes  for  the  Liberal  party 
candidates,  for  the  Legislative  Assembly. 

The  People's  Party  elected  10  Councilors  and  21 
members.  The  Liberal  Party,  2  Councilors  and  3 Members  e  ect' 
members.  The  Liberals,  if  they  had  registered  and 
voted  their  full  strength,  could  have  elected,  at  least, 
one  more  member  of  the  Council  and  2  members  of  the 
House.  The  total  vote  cast  in  the  Territory  for  all 
officers  was  16,901. 

The  returns  were  canvassed  by  a  board  consisting 
of  five  reputable  persons,  appointed  by  the  Commission.  Board  appointed. 
The  .total  number  of  county,  precinct  and  municipal 
officers  elected  was  470. 


e  registration. 
Fotal  vote. 


THE  MOVE  FOR  STATEHOOD. 

The  present  year  has  been  marked  by  proceedings 
to  form  a  constitution  on  which  to  demand  admission 
to  the  Union  of  States;  the  fourth  attempt  for  that 
purpose  in  the  history  of  the  Territory. 


—  32  — 


People's  Party 
issue  call  for  a 
convention. 


Non-Mormons 
refuse  to  recog 
nize  the  call 


Before  the  election,  on  June  16th,  1887,  a  call 
appeared  signed  by  the  chairman  and  secretary  of  the 
People's  party  (Mormon),  calling  upon  the  people  of 
Utah,  irrespective  of  party,  creed,  or  class,  to  assemble 
in  mass  conventions  in  their  respective  counties,  on 
June  25th,  1887,  at  12,  M..  for  the  purpose  of  appointing 
delegates  to  a  convention  to  be  held  at  Salt  Lake  City, 
on  the  30th  day  of  June,  1887,  to  frame  a  constitution 
preparatory  to  an  application  to  Congress  for  admission 
to  Statehood. 

The  non-Mormons  were  distrustful  of  the  move  and 
unitedly  declined  to  join  the  convention,  or  to  recog- 
nize it.  They  gave  as  reasons  for  declining  that  in 
view  of  the  past  history  of  Utah  it  was  a  proper  case  for 
Congress,  in  accordance  with  the  general  rule,  to  say 
when  the  time  for  such  a  move  had  arrived,  and  by  an 
enabling  act  give  it  authority  when,  how,  and  by  whom 
the  convention  should  be  called,  and  how  conducted; 
that  they  did  not  understand  this  sudden,  and  to  them 
unannounced  call;  that  the  entire  proceeding  was  car- 
ried out  by  the  dominant  party,  and  delegates  chosen 
without  regard  to  forms  of  election  or  disqualification 
of  voters,  without  previous  discussion  and  from  wholly 
unauthorized  sources;  and  above  all  they  did  not  think 
the  attitude  of  the  great  majority  of  the  people  of  Utah 
towards  the  laws  and  authority  of  the  general  govern- 
ment had  been  such  as  to  invite  the  full  confidence  of 
Congress  in  their  fidelity  to  the  laws  and  government, 
and  to  justify  that  body  in  granting  sovereign  Statehood. 

The  convention  met,  and  with  surprising  unanim- 
ity adopted  a  proposed  constitution,  which  declares  big- 
BhmStoFpS™  amy  and  polygamy  to  be  misdemeanors,  and  affixes  pun- 
gamy,  etc.  ishments.  It  also  provides  that  no  further  legislation 
shall  be  required  to  make  or  define  these  offences;  that 
the  provision  is  not  amendable  without  the  consent  of 
Congress,  and  proclaims  the  separation  of  Church  and 
State.  The  instrument  is  silent  as  to  the  offense  of  un- 
lawful cohabitation. 


The  convention 
meet ;  adopts 


—  33  — 


The  Mormons  claim  that  having  taken  this  action, 
the  people  ought  not  to  be  longer  denied  a  voice  in  the  ReaSonS 
conduct  of  their  own  affairs,  and  in  the  selection  of  of-  Mormons  in  favoi 
ficials  to  carry  on  the  government  ;  that  in  a  Territo- of  Statehood- 
rial  condition  citizens  are  deprived  of  the  rights  and  , 
powers  which  are  the  strength  and  glory  of  American  v 
citizenship;  that  as  a  Territory  they  are  excluded  from 
participation  in  affairs  that  vitally  concern  them;  that 
Utah  has  the  population,  the  material  interests,  the  in-  j 
telligence,  the  stability  and  the  regard  for  Republican 
principles  and  institutions  which  are  necessary  to  the 
establishment  of  a  free  and  sovereign  State;  that  the 
movement  for  Statehood  was  not  sectiaran,  partisan, 
or  confined  to  any  sectional  interest;  but  that  the  call 
was  broad  and  comprehensive,  and  included  citizens  of 
every  creed  and  class;  that  the  convention  adopted  a 
constitution  in  good  faith,  which  is  as  liberal  and 
fair  and  patriotic  as  that  of  any  State ;  that  it  was  the 
work  of  monogomous  citizens  acting  in  their  capacity 
as  citizens;  that  until  it  can  be  shown  to  be  otherwise 
their  action  should  be  accepted  in  good  faith,  and  the 
constitution  should  be  judged  by  its  plain  language  and 
terms;  that  the  question  of  whether  under  the  constitu- 
tion the  provisions  against  polygamy  will  be  enforced 
by  the  officials  of  the  proposed  State  is  a  question  that 
must  be  left  to  the  future,  and  that  time  alone  will 
show;  that  every  community  proposing  to  come  into  the 
Union  as  a  State  must  be  given  a  fair  opportunity  to 
prove  whether  or  not  theyv  will  carry  out  the  provis- 
ions of  their  charter;  that  they  have  never  been  ac- 
cused of  insincerity  by  any  one  who  knows  what  they 
have  endured  rather  than  make  promises  they  did  not 
intend  to  keep;  that  the  religion  of  the  people  should 
not  be  dragged  into  the  consideration  of  measures  which 
are  purely  political;  that  in  answer  to  the  assertion 
that,  as  a  State,  they  will  coutinue  to  build  up  their 
church,  they  claim  the  Mormon  people  have  the  consti- 


—  34  - 


tutional  right  to  use  every  means  not  inconsistent  with 
the  laws  of  the  land  to  secure  converts  to  their  relig- 
ious faith,  unrestrained  by  any  constitutional  or  legal 
provision;  that  Congress  has  not  the  right  to  interpose 
as  a  condition  precedent  to  the  admission  of  the  pro- 
posed State,  that  any  church  shall  cease  preaching  its 
doctrines  or  endeavoring  to  make  proselytes;  that  ad- 
mitting there  is  no  grant  of  power  under  which  Con- 
gress may  sanction  an  amendment  to  a  State  constitu- 
tion, should  Congress  refuse  to  act,  the  constitution  can- 
not be  amended  in  respect  of  the  offenses  named;  that 
the  proposed  constitution  does  not  presume  to  say  that 
the  President  or  Congress  shall  exercise  the  powers 
granted  them,  but  leaves  the  matter  to  their  discretion; 
that  a  Territory  as  a  matter  of  right  is  entitled  to  ad- 
mission into  the  Union  of  States  whenever  it  possesses 
the  necessary  population,  and  has  a  constitution  in  har- 
mony with  republican  institutions;  that  acting  through 
the  only  class  of  citizens  who  enjoy  the  privilege  of  the 
elective  franchise,  the  monogamous  Mormons,  they  have 
met  the  wishes  of  a  Nation  by  a  constitution  which 
provides  for  the  punishment  of  those  offences  which 
have  excited  the  hostility  of  the  Nation,  and  having 
done  so,  they  now  ask  to  be  allowed  to  hereafter  con- 
trol the  affairs  of  the  Territory,  as  the  Constitution  of 
the  United  States  intended  they  should;  that  the  oppo- 
sition to  the  admission  of  Utah  as  a  State  comes  from 
a  class  who  have  been  the  bitter  and  consistent  ene- 
mies of  the  Mormon  people,  and  who  are  inspired  by 
the  hope  of  bringing  the  people,  while  in  a  Territorial 
condition,  within  their  power. 

The  above  we  believe  to  be  a  fair  summary  of  the 
reasons  which  the  Mormons  urge  in  favor  of  Statehood 
for  Utah. 

The  action  of  the  convention  and  the  result  of  its 
labors  did  not  tend  to  allay,  but  rather  to  increase,  the 
apprehensions  and  opposition  of   the  non-Mormons. 


—  35  — 


They  make  many  objections  to  the  admission  of  Utah 
as  a  State  at  present,  and  unanimously  declined  to  vote 
upon  the  subject,orin  any  way  recognizer  th'e  niova,  The 
following  is  a  summary  of  some  of  their-:  objections: 

That  the  action  taken  is  without  authority  *  from 
the  proper  source  and  not  entitled  to  any  recognition; 
and  accompanied  by  many  and  strong  evidences 'of  eva- 
sion and  bad  faith  in  professing  an  abandonment  of  by%oSnds 
polygamy  and  the  accompanying  social  evils,  with  theSon'ofutth. 
intent  to  acquire  Statehood,  and  without  any  intent  to 
restrain  and  puuish  such  offenses,  but  merely  to  en-  .1 
trench  them  behind  Statehood;  that  the  historical  p 
attitude  of  the  great  body  of  the  people  towards  the 
laws  on  this  subject  had  not  changed  down  to  the  eve 
of  calling  the  convention,  and  that  until  then  the  Mor- 
mons, their  press  and  pulpits,  had  not  ceased  to  declare 
the  laws  of  Congress  unconstitutional  and  their  enforce- 
ment persecution;  that  though  the  press  and  pulpits 
suddenly  became  silent,  with  indications  in  a  few  places 
of  a  muzzled  silence,  there  was  still  no  sign  or  intima- 
tion of  any  change  of  sentiment  in  words  or  acts,  and 
the  hostility  to  the  enforcement  of  existing  laws  and 
Federal  authority  was  still  as  active  and  general  as 
before;  that  scarcely  any  Mormon  in  good  standing 
would  even  promise  to  obey  the  laws  in  the  future  to 
escape  punishment  after  conviction  in  court;  that  they 
were  unable  to  understand  how  the  great  body  of  the 
people  could  undergo  an  overnight  conversion  on  the 
subject  of  these  offenses,  when  the  day  before  their  con- 
sciences were  so  strong  that  nothing  could  induce  them 
to  promise  obedience  to  the  laws;  that  the  Deseret  Even- 
ing News,  their  leading  and  uncompromising  organ,  had, 
after  the  framing  of  the  proposed  constitution,  and- 
before  the  election,  printed  an  editorial  leaving  the 
question  to  the  voters  with  the  most  judicial  fairness, 
but  ending  with  the  advice  to  be  uas  wise  as  serpents 
and  harmless  as  doves;"  that  in  view  of  their  past  history 


—  £6  — 


the  first  evidence  of  a  bona  fide  intent  to  obey  and  exe- 
cute laws  making  these  offenses  punishable  should  be  a 
cessation' .iro.«fility  to  present  laws  and  the  announce- 
ment of  .obedience  to  them;  that  notwithstanding  the 
great  unanimity  in'  the  convention  and  in  the  subse- 
quent vote  of  the  people,  no  member  of  the  convention, 
or  voter,  haV  in  the  constitution  or  elsewhere  declared 
he  considered  or  believed  either  of  the  offenses  named 
is  or  should  be  a  misdemeanor  or  punishable,  but  the 
provision  in  the  constitution  is  introduced  by  the  re- 
markable, whereas:  for  the  reason  that  somebody,  per- 
haps some  wicked  person  at  Washington,  deems  those 
crimes  incompatible  with  a  republican  form  of  govern- 
ment,they  are  made  misdemeanors  and  punishable;  that 
it  is  not  easy  to  conceive  why  the  incompatibility  should 
be  limited  to  a  republican  form  of  government,  or  why 
it  should  not  extend  to  every  form  of  civilized  govern- 
ment, unless  full  force  is  given  to  the  dogma  taught  by 
the  dominant  sect,  that  the  only  true  and  rightful  gov- 
ernment is  a  theocracy  in  which  the  powers  of  govern- 
ment are  derived  from  God  and  delegated  to  ministers, 
who  govern  by  divine  right;  that  no  constitutional 
provision  can  execute  itself,  but  requires  prosecutors, 
jurors  and  judges,  all  of  whom  under  Statehood  would 
be  Mormons,  and  if  a  whole  people  can  be  suddenly 
converted  one  way  in  one  night,  they  might  be  suscept- 
ible to  a  reconversion  equally  sudden,  and  all  the  pros- 
ecuting powers  become  hostile  to  the  law;  that  the  rules 
of  evidence  and  the  laws  of  marriage  under  Statehood 
are  proper  subjects  of  State  legislation,  and  while  mar- 
riage without  witnesses  may  be  good,  a  rule  of  evidence 
that  it  requires  one  or  more  witnesses  to  the  direct  fact 
of  marriage  to  commit  polygamy  would  leave  the  con- 
stitutional provision  worthless,  and  should  the  courts 
adopt  the  rule  still  existing  in  some  States,  that  on  a 
charge  of  bigamy,  cohabitation  and  the  repute  of  mar- 
riage are  insufficient  to  prove  the  marriage,jio  new  law 


or  rule  of  evidence  would  be  needed;  that  it  is  historical 
there  are  many  polygamists  in  Utah,  and  as  such  mar- 
riages are  concealed  the  number  is  unknown,  and  so  far 
as  the  constitution  is  concerned,  all  these  could  live 
openly  with  their  numerous  families  as  soon  as  the 
Federal  laws  ceased,  and  point  to  their  relations  as  the 
reward  of  those  who  had  lived  up  to  the  privileges  of 
their  religion;  that  there  is  no  grant  of  power  in  the 
constitution  authorizing  Congress  to  sanction  or  refuse 
an  amendment  to  the  constitution  of  a  sovereign  State; 
that  the  people  of  a  State  cannot  deprive  themselves  of 
the  power  to  amend  a  constitution  the  creation  of  their 
will,  nor  can  they  legislate  to  bind  those  that  come  after 
them;  that  the  Mormons  have  hitherto  justified  their 
opposition  to  the  Federal  laws  under  plea  of  conscience 
in  respect  to  religious  matters,  but  they  have  apparently 
made  their  consciences  a  marketable  commodity  and 
Statehood  the  exchangeable  value,  if  they  offer' in  good 
faith  to  suppress  these  offenses,  unless  their  religious 
views  have  suddenly  changed,  of  which  there  is  no  evi- 
dence or  pretense;  that  the  claim  that  this  constitution 
emanates  from  and  is  the  work  of  non-polygamous  Mor- 
mons is  no  argument  in  its  favor;  that  good  citizenship 
does  not  involve  only  the  question  who  in  fact  practices 
polygamy,  but,  also,  who  believes  in  it  as  a  moral  and 
religious  right,  superior  to  all  human  laws,  and  hence 
will  be  influenced  in  his  conduct  by  such  belief;  that 
the  non-polygamists  have  always  been  a  large  majority, 
but  have  in  every  way  upheld  the  polygamists,  have 
been  equally  active  and  bitter  in  their  opposition  to  the 
laws,  and  without  their  aid  and  support  the  polygamists 
could  not  so  long  have  defied  the  laws;  that  there  has 
been  no  evidence  of  any  struggle  or  contest  between 
the  polygamists  and  monogamists,  but  all  have  acted 
with  the  greatest  possible  harmony  and  vied  with  each 
other  in  attaining  the  wisdom  of  serpents  and  harmless- 
ness  of  doves;  that  the  church  leaders  who  control  in 


—  38  — 


Votes  cast  for 
the  proposed 
constitution. 


The  anomalous 
action  of  the 


Mormons. 


Opinions  and 
purposes  of  the 
Mormons. 


Deseret  News 
editorial. 


such  matters  have  never  manifested  in  any  manner  their 
intention  to  cease  to  enforce  the  practice  of  polygamy 
by  their  people,  but  that  their  silence  indicates  that  the 
converse  of  the  proposition  is  true;  that  the  Mormon 
Church  has  never  abandoned  its  purpose  of  ultimately 
becoming  a  controlling  political  power,  and  adopts  this 
method  of  promoting  it;  and  further,  that  if  the  non- 
polygamists  have  reached  this  conclusion,  that  the  law 
in  respect  to  these  offenses  is  superior,  and  that  it  is  the 
first  duty  of  citizens  to  obey  the  laws  of  Congress  pre- 
scribing rules  of  conduct,  it  is  an  easy  manner  for  them 
to  announce  it  and  give  some  evidence  of  their  good 
faith. 

In  accordance  with  these  views  the  non-Mormons 
abstained  from  voting  on  the  subject  at  the  polls,  desir- 
ing not  to  recognize  the  movement  in  any  manner 
whatever. 

The  monogamous  Mormons  cast  13,195  votes  in 
favor  of  the  constitution,  500  votes  being  cast  against  it. 

The  action  of  the  Mormon  people  in  adopting  a  con- 
stitution which  forbids  polygamy  and  bigamy,  in  view 
of  their  past  history,  is  an  anomaly  which  demands 
some  explanation.  In  all  its  Territorial  history,  Utah, 
under  the  control  of  the  dominant  sect,  which  is  in 
reality  a  polictical  organization,  with  aims  and  methods 
which  are  political,  has  stood  arrayed  in  opposition  to 
laws  of  Congress  on  these  subjects,  and  still  maintains 
united  efforts  to  nullify  them. 

To  arrive  at  a  fair  conclusion  of  the  opinons  and 
purposes  of  the  Mormon  people  with  respect  to  polyg- 
amy, it  is  proper  that  the  views  and  expressions  of 
their  press  and  pulpits  should  be  considered. 

The  Deseret  Neivs  in  its  issue  of  Oct.  6th,  1880,  said: 

"But  we  claim  the  right  uuder  the  constitution  of  our  country  to 
receive  just  as  many  divine  communications  as  the  Almighty  chooses  k> 
bestow  and  to  follow  these  revelations  without  molestation  or  hindrance. 
At  the  same  time  it  is  our  intention  to  abide  by  the  laws  of  our  country. 
When  we  refer  to  the  laws  of  the  land,  we  wish  to  be  understood  that  we 


—  39  — 


make  one  exception,  that  is  the  law  framed  and  pushed  through  Congress 
for  the  express  purdose  of  preventing  us  from  obeying  a  revelation  from 
God,  which  we  have  followed  in  faith,  and  practiced  for  many  years." 

The  claim  thus  made  has  been  reiterated  by  the  First 
Presidency  of  the  Church  from  time  to  time.  In  their 
address  of  July  24,  1885,  they  said: 

"We  cannot,  however,  at  the  behest  of  men,  lay  aside  those  great  prin-  Address  of  the 
ciples  which  God  has  communicated  to  us,  nor  violate  those  sacred  and  First  Presidencys- 
eternal  covenants  which  we  have  entered  into  for  time  and  eternity." 

Nothing  has  transpired  to  lead  us  to  believe  that  No  change  in  the 
the  views  thus  expressed  by  their  Church  organ,  and  most  p?0pie?f  the 
prominent  leaders,  are  not  entertained  by  the  Mormon 
people  to-day. 

The  call  for  assembling  of  mass  meetings  to  ap- 
point delegates  to  meet  in  convention  and  frame  a  con- 
stitution was  evidently  the  result  of  a  very  sudden  in-  SrcoStu-111 
spiration,  so  much  so  that  the  Deseret  News  editorially  Son?1 Conven* 
said,  "It  would  occasion  some  surprise."  There  had 
been  no  previous  discussion  in  the  press,  nor  among  the 
people,  in  relation  to  such  a  movement,  which  was  con- 
ceived and  carried  through  with  the  utmost  haste. 
Within  fourteen  days  after  the  call  was  promulgated, 
delegates  appointed  to  frame  the  constitution  had  met 
in  convention. 

The  election  of  delegates  to  a  constitutional  con- 
vention by  means  of  mass  meetings  does  not  commend 
itself  to  persons  who  have  been  accustomed  to  see  the 
important  duty  of  framing  a  constitution  for  a  sov- 
ereign State,  approached  with  care  and  deliberation,  in 
accord  with  the  general  will  of  the  people,  and  under 
proper  authority,  with  no  other  aim  and  purpose  than 
to  advance  the  interests  of  all,  and  not  of  a  particular 
class. 

The  provision  in  the  constitution  with  reference  to 
polygamy  and  bigamy  is  as  follows: 

Sec  12.  Bigamy  and  polygamy  being  considered  incompatible  with  The  prwisiow 
"a  republican  form  of  government,"  each  of  them  is  hereby  forbidden  and  prohibiting  p®%»- 
declared  a  misdemeanor.  samy' 


—  40  — 


Any  person  who  shall  violate  this  sectien  shall,  on  conviction  thereof, 
be  punished  by  a  fine  of  not  more  than  $1000,  and  imprisonment  for  a  term 
of  not  less  than  six  months  nor  more  than  three  years,  in  the  discretion  of 
the  court.  This  section  shall  be  construed  as  operative  without  the  aid  of 
legislation,  and  the  offenses  prohibited  by  this  section  shall  not  be  barred 
by  any  statute  of  limitation  within  three  years  after  the  commission  of 
the  offense;  nor  shall  the  power  of  pardon  extend  thereto  until  such  par- 
don shall  be  approved  by  the  President  of  the  United  States. 

Comparison  be-  The  crime  of  polygamy  is  to  be  a  misdemeanor,  (in 
posei constku-  every  other  State  it  is  a  felony),  and  is  punishable  by  a 
eranTw.  e  e  fine  of  not  more  than  $1,000.00,  and  by  imprisonment 
for  a  term  of  not  more  than  three  years,  whereas,  un- 
der the  Federal  law,  the  fine  is  fixed  at  a  sum  not  ex- 
ceeding five  hundred  dollars,  and  imprisonment  for  a 
term  not  exceeding  five  years.  Under  the  Federal  law 
polygamists  are  denied  the  light  to  vote  and  hold  office, 
but  under  this  proposed  constitution  persons  who  have 
committed,  or  who  shall  hereafter  commit,  the  crime  of 
polygamy,  and  all  such  as  continue  to  live  in  that  crime, 
will  be  invested  with  the  full  rights  of  citizenship. 
Under  the  Federal  law,  unlawful  cohabitation  is  pun- 
ished by  a  fine  not  exceeding  three  hundred  dollars, 
and  by  imprisonment  for  a  term  not  exceeding  six 
months;  under  the  proposed  State  this  offence,  which 
perpetuates  the  evils  of  polygamy  against  society  and 
posterity,  is  to  go  unpunished. 
Limitation  of  the       The  Legislature  of  the  proposed  State  is  shorn  of  its 

power  of  the  0  *■  A 

iegiswe.  power  to  raise  the  grade  of  the  crime  to  that  of  felony, 
or  to  annex  any  disqualifiication  on  conviction,  while  it 
is  left  free  to  promote  polygamy  by  providing  through 
inheritances  and  by  means  of  wills  for  the  maintenance 
of  polygamous  households,  and  to  deny  the  legal  wife 
the  right  of  dower,  or  other  rights,  as  heretofore. 

Inoperative  pro-         The  provisions  for  amendments  to  the  proposed 

vision  for  amend-  ,  . ,      .  .  iiii  i         p  i  i> 

ing  constitution  constitution,  only  by  the  consent  of  Congress,  and  for 
poiygamists.     pardon  of  convicted  polygamists  only  by  approval  of  the 
President,  are  incongruous  and  futile,  and  need  not  be 
considered.    It  is  sufficient  to  say  they  are  open  to  the 
criticism  that  if  a  communitv  cannot  be  trusted  to 


—  41  — 


amend  a  constitution  it  can  hardly  be  said  to  be  fit  to  be 
trusted  with  the  powers  of  a  State  under  any  form  of 
constitution,  and  if  it  cannot  be  trusted  to  deal  with 
those  who  have  violated  its  laws,  it  should  not  have  the 
control  of  the  administration  of  the  laws. 

If  Utah  should  be  admitted  into  the  Union  as  a  R.^f  wht^h 

will  follow  the 

State,  the  following  result  would  follow,  viz.:  There  ^sion of 
would  be  an  immediate  cessation  of  all  further  prosecu- 
tions for  polygamy  and  unlawful  cohabitation  under  / 
laws  of  Congress.  No  prosecution  for  polygamy  would 
ever  take  place  in  the  State,  until  the  ruling  power  in 
the  State  chose  to  do  what  they  now  arraign  the  Gov- 
ernment for — "persecute"  for  a  crime  which  is  "an 
essential  part  of  their  religion."  This  claim  has  been 
set  forth  in  a  formal  way  which  has  made  it  a  solemn 
declaration  of  the  whole  Mormon  population  of  Utah. 
At  a  general  conference  held  at  Logan,  April  6,  1885,  a 
resolution  was  adopted  and  a  committee  appointed  to 
draft  a  protest  and  address  to  the  President  and  people 
of  the  United  States.  Such  address  was  adopted  at  a 
mass  meeting,  held  May  2, 1885,  at  which  the  Hon.  John 
T.  Caine,  Delegate  from  the  Territory,  presided,  and  was 
deputed  as  the  agent  to  present  the  same.  In  that  doc- 
ument is  formally  proclaimed — 

"As  to  our  religious  faith,  it  is  based  upon  evidence  which  to  our  Po]ygamy  an 
minds  is  conclusive;  convictions  not  to  be  destroyed  by  legislative  enact-  essential  part  of 
ments  or  judicial  decisions.   Force  may  enslave  the  body,  but  it  cannot Moimonrellglon' 
convince  the  mind.   To  yield  at  the  demand  of  the  legislature  or  judge 
the  rights  of  conscience,  would  prove  us  recreant  to  every  duty  we  owe 
to  God  and  man.   Among  the  principles  of  our  religion  is  that  of  im- 
mediate revelation  from  God;  one  of  the  doctrines  so  revealed  is  celestial 
or  plural  marriage,  for  which  ostensibly  we  are  stigmatized  and  hated- 
This  is  a  vital  part  of  our  religion,  the  decisions  of  courts  to  the  contrary 
notwithstanding.' ' 

It  is  a  circumstance  worthy  of  mention  that  Mr. 
Caine,  who  bore  so  prominent  a  part  in  the  adoption  and 
promulgation  of  the  address  from  which  the  above  ex- 
tract  was  made,  was  also  the  president  of  the  conven- 
tion which  adopted  the  proposed  State  constitution. 


be  ignored. 


Under  the  proposed  constitution  no  disqualification 

No  disqualifica- 

would  follow  the  commision  of  those  crimes;  the  right 
nor  prosecution  of  voting  would  be  fully  accorded  to  the  ruling  class 
(S^SiStion.    now  disfranchised.    No  prosecution  would  ever  take 
place  for  continuing  that  crime,  by  living  in  unlawful 
cohabitation,  and  multiplying  its  fruits  to  the  degrada- 
^™!dbe  tion  of  posterity.    The  right  of  dower  created  by  Con- 
gress would  be  swept  away.    The  Utah  policy  has  ever 
been  to  deny  that  right  to  the  legal  wife,  and  make  her 
right  depend  upon  the  testamentary  disposition  of  her 
The  rights  of  the  husband.    The  rights  of  the  minority  population  would 

minority  would  °  "  *- 

be  left  to  the  mercy  of  a  majority,  who  regard  them  as 
intruders,  and  who  have  always  used  political  power  in 
a  clannish  spirit.  In  illustration  of  their  spirit  in  such 
matters  a  statement  of  their  course  in  the  election  of 
officers  for  the  Deseret  University  and  Territorial  Insane 
Asylum  will  suffice.  The  university  was  incorporated 
when  the  Territory  was  first  organized,  and  although 
some  fifteen  officers,  chancellor  and  regents,  are  elected 
biennially  to  manage  this  educational  institution,  which 
receives  support  from  the  Territorial  Treasury,  not  one 
representative  of  the  minority  has  ever  been  elected. 
For  the  Insane  Asylum,  built  by  an  appropriation  from 
the  Territorial  Treasury,  a  certain  number  of  directors 
are  elected  biennially,  but  the  minority  have  never 
been  accorded  a  representative,  a  privilege  and  a  right 
which  is  recognized  in  every  other  Territory  or  State. 
Further,  in  Salt  Lake  City,  where  the  minority  have  a 
majority  in  two  of  the  five  organized  precincts,  they  are 
denied  any  representation  in  the  city  council,  by  reason 
of  an  election  law  which  requires  all  the  city  officers  to 
be  elected  on  a  common  ticket. 


The  Mormon 
policy  in  this 
respect. 


Mormon  efforts 
to  enforce  poly- 
gamy. 


The  Mormon  people  cannot  be  called  hypocrites. 
They  boldly  proclaim  their  religious  belief  to  all  the 
world.  Until  that  belief  shall  be  changed  if  they  be 
true  to  their  creed,  polygamy  with  its  kindred  evils  will 
be  fostered  by  every  means  in  their  power.    The  leaders 


—  43  — 


of  the  church  will  probably  do  in  the  future  what  they 
have  done  in  the  past.  They  do  not  recognize  the 
authority  of  the  Government  to  call  upon  them  for  any 
support  in  its  contest  with  polygamy,  but  they  do  rec- 
ognize the  divine  command  to  encourage  polygamy. 
The  attitude,  purpose  and  determination  of  the  church  JJ^^theTn. 
in  this  respect  has  been  fully  developed.  In  the  case  of  of^bS-c'X^' 
W.  W.  Taylor,  son  of  John  Taylor,  who  died  a  few  years 
ago,  it  was  acknowledged  after  his  death  that  he  was  a 
polygamist,  and  yet  he  held  a  responsible  office  under 
the  city  government  of  Salt  Lake  City  up  to  the  time  of 
his  death.  Another  case  was  that  of  Jos.  H.  Dean;  he 
was  elected  and  served  as  a  member  of  the  city  council 
of  Salt  Lake.  While  in  office  it  was  learned  that  he 
was,  and  had  been  a  polygamist  for  over  three  years. 
The  leaders  of  the  church  had  full  knowledge  of  the  fact 
that  these  men  were  disqualified  from  holding  office 
under  the  Federal  law,  yet  they  acquiesced  in  their 
unlawful  occupancy  of  public  offices.  We  have  learned 
of  similar  cases  in  the  more  remote  counties.  The  non- 
polygamist  Mormons  were  also  aware  thai?  the  menKmoSupport 
referred  to  were  polygamists,  and  their  course  has  been the  polygamists* 
in  harmony  with  that  of  their  leaders,  as  it  will  probably 
always  be.  During  the  period  in  which  the  government 
has  been  actively  engaged  in  prosecuting  offenders,  they 
have  unitedly  refused  to  extend  any  aid,  but  have  de- 
nounced the  prosecutions  as  persecution. 

For  these  reasons  the  Commission  has  been  led  to 
fear  that  the  provision  in  the  proposed  Constitution 
making  polygamy  a  misdeamor  was  not  adopted,  nor 
the  action  taken  with  any  purpose  to  suppress  polygamy; 
that  it  does  not  indicate  an  abandonment  by  the  people 
of  Utah  in  the  manner  which  is  demanded  by  the  will  not  an  abandon- 
of  the  American  people,  as  expressed  in  their  National  amy1.  °f  polyg" 
law;  that  the  late  movement  for  Statehood  was  the  off- 
spring of  necessity,  inspired  with  the  hope  of  escaping 
from  the  toils  which  the  firm .  attitude  of  the  govern  - 


—  44  — 


ment  and  the  energetic  course  of  the  Federal  officers 

Realizing  that  they  could 


Reasons  which   had  wound  around  them. 

inspired  the  move  .  , 

for  statehood,    expect  no  aid  nor  comfort  from  the  National  adminis 


V 


Questions  to  be 
considered  by 
Congress/ 


Same. 


Territorial  Gov- 
ernment should 
be  continued. 


tration,  and  actuated  by  a  determination  not  to  recognize 
the  supremacy  of  National  laws  where  they  forbid  crimes 
licensed  by  their  creed,  it  is  not  surprising  that  the 
majority  in  Utah  should  resort  to  some  expedient  to  get 
relief  from  their  dilemma.  In  the  light  of  these  facts 
it  is  evident  that  the  relief  sought  for  is  expected  in 
Statehood,  and  that  this  expedient  is,  in  the  case  of 
Utah,  inspired  by  more  than  the  usual  motives  operating 
in  other  communities,  which  are  composed  of  homogen- 
eous American  population  in  accord  with  the  laws  and 
institutions  of  the  country. 

The  presentation  of  the  proposed  application  for 
Statehood  will  demand  the  consideration  of  the  question 
by  Congress,  whether  the  course  of  the  dominant 
majority  in  Utah,  in  the  use  of  delegated  powers  in  a 
Territorial  condition,  has  been  such  as  to  induce 
Congress  to  withdraw  certain  of  these  powers  until  the 
perpetuated  evil  should  be  corrected,  (which  has  not 
been  done). 

If  Utah,  as  a  Territory,  has  refused  to  recognize  the 
force  and  validity  of  National  laws,  and  decisions  of  the 
Supreme  Court,  can  it  be  reasonably  expected  as  a  State 
it  will  do  so  ?  Can  it  be  reasonably  expected  that  crimes 
and  evils  which  the  government  has  failed  to  suppress 
with  its  supervision  over  a  Territorial  Government,  will 
be  suppressed  in  a  State  ruled  by  the  majority  which 
now  maintains  and  propagates  these  crimes  and 
evils  as  "  an  essential  part  of  their  religion." 

It  is  submitted  if  it  would  not  be  wise  to  continue 
a  Territorial  government  in  which  the  National  govern- 
ment could  continue  to  deal  directly  with  those  evils 
until  they  should  be  eradicated,  even  if  it  should  be 
necessary,  as  suggested  in  former  reports  of  1884-5  to 
take  all  political  power  from  those  who  have  not  suffic- 


—  45  — 


ient  allegiance  to  recognize  the  validity  of  National 
laws  and  the  decisions  of  courts,  and  that  no  harmony 
in  the  Union  could  be  maintained  with  a  State  ruled  by 
a  creed,  which  claims  all  governments  but  its  own  to  be 
illegal,  and  claims  a  "  separate  political  destiny  and 
ultimate  temporal  dominion  and  by  divine  right." 

The  Commission  is  of  the  opinion  that  Utah  should  Utah  should  not 
not  be  admitted  to  the  Union  until  such  time  as  the  polygamy  has" 1 

.  been  abandoned 

Mormon  people  shall  manifest  by  their  future  acts  thatin  good  faith 
they  have  abandoned  polygamy  in  good  faith,  and  not 
then  until  an  amendment  shall  have  been  made  to  the 
Constitution  of  the  United  States  prohibiting  the  prac- 
tice of  polygamy.  We  append  to  this  report  resolutions 
adopted  by  the  Presbyterian  and  Methodist  churches  of 
Utah. 

POLYGAMOUS  MARRIAGES. 

The  names  of  sixty-seven  men  have  been  reported  Number  0f  Poiy. 
to  the  Commission  who  have  entered  into  polyg  amy  riages. 
during  the  year  ending  June,  1887.  This  information 
has  been  requested  of  all  registrars.  The  number  given 
has  been  reported  by  non-Mormon  registrars,  there 
being  no  instance  in  which  a  name  has  been  reported 
by  a  Mormon  registrar.  The  law  imposes  upon 
the  Commission  the  duty  of  appointing  proper 
persons  to  perform  the  important  duty  of  regis-  C]assofpersons 
tering  voters,  and  it  has  been  the  uniform  policy  of  the gS^offiSf8" 
Commission  in  filling  these  offices  to  select  men,  when- 
ever they  could  be  found,  who  were  in  open  and  avowed 
sympathy  with  the  law  under  which  they  were  acting. 
The  necessity  for  this  is  apparent.  The  registration 
officers  are  charged  with  the  duty  of  excluding  from  the 
lists  of  voters  at  the  annual  registration  in  May  and 
June,  and  the  annual  registration  in  September,  the 
names  of  such  persons  as  have  entered  into  polygamy. 
Under  the  Utah  law  the  registry  list  continues  from 
year  to  year,  only  a  revision  is  made  by  the  registrar; 
therefore,  unless  he  is  disposed  to  give  full  force  and 


—  46  — 


effect  to  the  provision  of  the  law  which  disfranchises 
polygamists,  this  vital  principle  of  the  law  may  be 
utterly  disregarded. 

LEGISLATIVE  APPORTIONMENT. 

Legislative  ap-  Under  the  act  of  March  3rd,  18S7,  the  Governor, 
pomonment.  Utah  Commission,  and  the  Secretary  of  the  Territory, 
were  appointed  a  board  to  reapportion  the  Territory  for 
Legislative  representation.  The  board  met  and  organ- 
ized, and  after  careful  consideration,  reapportioned  the 
Territory  into  twenty-four  representative  and  twelve 
council  districts,  and  under  which  the  present  Legisla- 
tive  Assembly  was  elected. 

RECOMMENDATIONS. 

The  Commission  was  first  organized  in  the  summer 
gistotK/re"  of  18S2.  Its  first  duty  was  to  adjust  the  local  laws  to 
the  act  of  Congress,  and  to  provide  the  necessary  rules 
and  regulations  for  conducting  the  registration  and  the 
election.  Under  its  supervision  a  new  registration  was 
made  in  1882,  and  again*  in  1887,  under  the  Edmunds- 
Tucker  act.  Annual  revisions  were  also  made  in  1883, 
1884,  1885  and  1886.  No  person  living  in  the  practice  of 
polygamy  was  allowed  to  register  or  to  vote,  and  we  be- 
lieve that  in  this  respect  the  purpose  of  the  law  has 
been  thoroughly  and  effectually  accomplished.  The  to- 
tal registration  in  1882  was  33,266;  in  1883,  37,062;  in 
1884,41,858;  in  1885,  43,646;  in  18S6,  45,375.  The  regis- 
tration of  1887,  under  the  operation  of  the  test  oath, 
was  20,790.  The  elimination  of  the  female  vote  will 
largely  account  for  the  difference,  and  there  was  a  con- 
siderable percentage  of  voters  who  refused  to  take  the 
oath  prescribed  by  the  act.  Of  these  the  larger  propor- 
tion were  probably  non-Mormons. 

The  Commission  in  its  previous  reports,  made  since 
1882,  has  made  the  following  recommendations,  which, 


—  47  — 


in  its  opinion  were  needed  to  give  force  and  effect  to  the 
provisions  of  the  law  under  which  it  was  created: 

(1)  The  enactment  of  a  marriage  law. 

(2)  Making  the  first  or  legal  wife  a  competent  witness  in  prosecutions 
for  polygamy. 

(3)  Restoring  to  the  first  or  legal  wife  the  right  of  dower  as  at  com- 
mon law,  or  other  interests  in  the  real  estate,  as  provided  in  the  statutes  of 
many  of  the  States. 

(4)  That  provision  be  made  for  a  fund,  to  be  furnished  by  the  Depart- 
mant  of  Justice  to  the  proper  legal  authorities  in  the  Territory. 

(5)  The  conferring  upon  the  Urited  States  Commissioners  concurrent 
jurisdiction  with  the  justices  of  the  peace  in  civil  and  criminal  matters. 

(6)  The  appointment  of  the  Territorial  auditor,  treasurer,  commis- 
sioners to  locate  university  lands,  of  the  probate  judges,  county  clerks, 
county  selectmen,  county  assessors  and  collectors,  and  county  superintend- 
ents of  district  schools,  by  the  Governor  of  the  Territory,  subject  to  con- 
firmation by  the  Commission. 

(7)  Authorizing  the  selection  of  jurors  by  open  venire,  especially  in 
cases  prosecuted  by  the  United  States. 

(8)  Giving  to  the  district  courts,  jurisdiction  of  all  cases  of  polygamy 
wherever  in  the  Territory  the  crime  may  have  been  committed. 

(9)  That  the  Territorial  courts  in  United  States  cases  be  invested 
with  a  power  coextensive  with  that  possessed  by  the  United  States  circuit 
and  district  courts  in  the  States  in  the  matter  of  contempt  and  the  punish- 
ment thereof. 

(10)  That  prosecutions  for  polygamy  be  exempted  from  the  operation 
of  the  general  limitation  laws. 

(11)  Authorizing  the  process  of  subpoena  in  all  cases  prosecuted  by 
the  United  States,  to  run  from  the  Territorial  courts  into  any  other  district 
of  the  United  States. 

(12)  That  provision  be  made  for  binding  over  witnesses  on  the  part  of 
the  Government  in  all  United  States  cases  to  appear  and  testify  at  the 
trial. 

(13)  That  when  a  continuance  is  granted  upon  motion  of  the  defend- 
ant, provision  should  be  made  for  taking  deposition  of  witnesses  on  the 
part  of  the  Government,  the  defendant  to  be  confronted  with  the  witness 
and  to  cross-examine.  The  deposition  to  be  used  in  case  of  death,  absence 
from  Territory,  or  of  the  concealment  of  witness  so  as  to  elude  process  of 
subpoena. 

(14)  That  it  be  made  a  penal  offense  for  any  woman  to  enter  into  the 
marriage  relation  with  a  man  knowing  him  to  have  a  wife  living  and  un- 
divorced.  This  should  be  coupled  with  a  provision  that  in  cases  where  the 
polygamous  wife  is  called  as  a  witness  in  any  prosecution  for  polygamy 
against  her  husband,  her  testimony  could  not  be  used  in  any  future  prose- 
cution against  her,  with  a  like  provision  as  to  the  husband. 

(15)  That  the  term  of  imprisonment  for  unlawful  cohabitation  fixed 
by  section  2  of  the  act  of  1882  be  extended  to  at  least  two  years  for  the  first 
and  three  years  for  the  second  offense. 


—  48  — 


(16)  That  all  persons  be  excluded  by  law  from  making  a  location  or 
settlement  upon  any  part  of  the  lands  of  the  United  States  who  shall  re- 
fuse on  demand  to  take  and  subscribe  an  oath,  before  the  proper  officer  of 
the  land  office  in  which  his  or  her  application  is  made,  that  he  (if  a  man) 
does  not  eohabit  with  more  than  one  woman  in  the  marriage  relation,  and 
that  he  will  obey  and  support  the  laws  of  the  United  States  in  relation  to 
bigamy  or  polygamy,  or  (if  a  woman)  that  she  does  not  cohabit  with  a  man 
having  more  than  one  living  and  undivorced  wife,  and  that  she  will  obey 
and  support  the  laws  of  the  United  States  in  relation  to  bigamy  and 
polygamy. 

(17)  That  the  laws  with  reference  to  the  immigration  of  Chinese  and 
the  importation  of  contract  laborers,  paupers  and  criminals  be  so  amended 
as  to  prevent  the  immigration  of  persons  claiming  that  their  religion 
teaches  and  justifies  the  crime  of  polygamv,  as  this  would  cut  off  the  chief 
source  of  supply  to  the  Mormon  Church. 

(18)  A  suggestion  in  favor  of  a  constitutional  amendment  prohibiting 
polygamy. 

Of  these  recommendations  the  1,  2,  3,  5,  and  12 
have  received  the  approval  of  Congress  and  are  now 
part  of  the  statute  law. 

We  again  respectfully  recommend  to  the  attention 
of  Congress  all  of  the  above  recommendations  which 
have  not  yet  received  its  approval. 

The  Commission  recommends  as  a  measure  of  great 
important iecom- importance,  the  passage  of  a  law  conferring  upon  the 
Governor  of  the  Territory,  the  authority  to  appoint  the 
following  county  officers:  Selectmen,  Clerks,  Assessors, 
Recorders  and  Superintendents  of  District  Schools. 
This  will  place  the  control  of  county  affairs,  including 
the  assessment  of  property,  (but  not  the  collection  of 
revenue),  and  the  supervision  of  the  public  schools,  in 
the  -hands  of  persons  in  sympathy  with  the  efforts  of  the 
government  to  extirpate  polygamy.  It  will  also 
strengthen  the  element  in  the  different  counties  which 
is  disposed  to  assist  the  Federal  officers  in  their  efforts 
to  enforce  and  execute  the  laws.  We  also  reccommend 
the  passage  of  an  act  creating  a  board  to  consist  of  the 
Governor,  Utah  Commission,  and  Territorial  Secretary 
to  apportion  Salt  Lake  City  into  aldermanic  and  council 
districts.  Under  the  present  law  these  officers  are 
elected  on  a  common  ticket,  thus  denying  the  principle 


—  49  — 


of  precinct  or  ward  representation,  which  obtains  in 
other  towns  and  cities. 

The  non-Mormon  citizens  of  the  Territory,  acting 
through  their  political  organizations,  Democratic, 
Republican  and  Liberal,  have  repeatedly  given  expres- 
sion to  the  opinion  that  the  solution  of  the  Mormon 
problem  will  be  speedily  and  effectually  accomplished 
by  creating  a  Legislative  Commission,  to  be  appointed 
by  the  President,  and  to  be  confirmed  by  the  Senate. 
In  support  of  their  position  they  urge  the  following 
reasons:  That  a  republican  form  of  government  has  no 
existence  in  Utah,  the  church  being  supreme  over  all ;  y 
that  until  the  political  power  of  the  Mormon  Church  is , 

~        i       .  Reasons  ad- 

destroyed,  the  maioritv  will  not  yield  a  full  obedience  to  x?nced  by-n?n" 

w        7  *  J  Mormons  in favi 

the  laws,  and  only  by  providing,  a  new  code  of  laws,  can  commfs?ion*ve 
hey  be  compelled  to  do  so;  that  common  prudence 
suggests  there  should  be  no  delay  in  taking  from  the 
Mormon  Church  the  power  to  control  in  political  mat- 
ters; that  this  object  can  best  be  accomplished  by  pro- 
viding an  agency  which  is  in  accord  with  the  purposes 
and  will  of  the  National  Government;  that  the  Legisla- 
tive Assembly  of  the  Territory  has  always  been  the 
creature  of  the  church,  and  during  its  thirty-six  years 
of  existence  has  made  a  record  which  is  impressive  by 
its  silence  with  respect  to  the  passage  of  such  laws  as 
the  government  had  the  right  to  expect;  that  such  an 
agency  would  relieve  Congress  from  the  consideration 
of  the  affairs  of  Utah;  that  Congress  having  the  right 
to  legislate  directly  for  the  Territories,  which  right  has 
been  affirmed  by  the  Supreme  Court,  ought,  in  consider- 
ation of  the  extraordinary  condition  of  affairs  in  the 
Territory,  follow  the  precedents  established  in  the  case 
of  Louisiana  and  of  Florida,  and  grant  a  Commission; 
that  such  action  will  result  in  bringing  Utah  into  har- 
mony with  the  other  State  and  Territories  of  the  Union. 

In  conclusion,  we  respectfully  submit  that  in  our 
opinion,  the  results  which  have  followed  from  the  pas- 


—  50  — 


rflhe^dmSds  sage  of  the  Edmunds  Act,  have  been  very  beneficial  to 
the  Territory.  It  has  provided  a  fair,  honest  and 
orderly  system  of  elections,  and  it  is  universally  con- 
ceded by  Mormon  and  non-Mormon  that  there  has  been 
no  charge  nor  even  rumor  of  fraud  in  connection  with 
the  registration  of  voters  and  the  conduct  of  elections- 
since  the  Commission  first  commenced  its  work. 

Very  respectfully, 

G.  L.  Godfrey, 
A.  B.  Williams, 
Arthur  L.  Thomas. 

Hon.  L.  Q.  C.  Lamar, 

Secretary  of  the  Interior, 

Washington,  D.  C. 

St.  Louis,  Mo. 

Commissioners  Carlton  and  McClernand  dissenting 
from  some  of  the  views  expressed  above,  do  not  sign  this 
report. 


APPENDIX. 


Resolutions  adopted  at  the  General  Conference  of  the  Methodist  Church  of 
Utah,  held  at  Mt.  Pleasant,  Utah,  August  8, 1887. 

STATE  OF  AFFAIRS  IN  UTAH. 

Each  year  develops  new  features  in  this  field,  which  call  for  intense 
watchfulness  on  the  part  of  all  who  are  loyal  to  the  Nation  and  its  laws, 
and  to  the  advancement  of  our  Christian  civilization  in  this  Territory, 
and  which  demand  the  outspoken  sentiments  and  efforts  of  all  Christian 
organizations  in  meeting  the  spirit  of  Antichrist  reigning  here. 

We  therefore  take  as  a  keynote  of  our  work  the  words  of  the  Psalmist, 
"They  that  love  the  Lord  hate  evil." 

We  declare  in  favor  of  a  rigorous  enforcement  of  the  laws  and  the 
prosecution  of  all  offenders  as  necessary  to  the  eradication  of  the  evils 
dominant  here. 

We  enter  our  unqualified  protest  against  th«  efforts  now  being  made 
by  the  Mormons  to  secure  Statehood  for  Utah,  believing  the  proposed  con- 
stitution to  be  a  well-devised  instrument  to  blind  the  people  of  this  Nation 
to  the  real  object  in  view,  viz..  the  perpetuation  of  the  evil  itself. 

This  constitution  was  framed  by  a  convention  of  delegates  appointed 
by  mass  meetings  composed  exclusively  of  Mormons.  All  the  delegates 
were  Mormons,  and  their  action  was  entirely  without  the  sanction  or  co- 
operation of  the  non-Mormon  part  of  our  population,  and  therefore  was  not 
in  harmony  with  our  republican  ideals  of  representative  action. 

It  being  true  that  the  Mormon  community  still  hold  to  the  divinity  of 
polygamy  and  also  still  claim  that  all  laws  enacted  by  Congress  for  its 
suppression  are  unconstitutional;  we  therefore  insist  that  the  action  to 
secure  Statehood  is  inconsistent,  and  should  be  met  by  a  strong  and  united 
opposition  of  the  people  of  the  United  States  through  their  Representatives 
in  the  National  Congress.  We  urge  upon  our  churches  in  the  East  to  raise 
their  voices  against  this  new  feature  of  Mormon  duplicity. 

APPEAL  TO  THE  PRESBYTERIAN  CHURCH 

From  the  Presbytery  of  Utah,  in  session  at  Manti,  August  28,  1881. 

Affairs  have  reached  a  crisis  in  Utah.  After  years  of  defiance  and 
determined  evasion  of  the  laws,  a  very  plausible  policy  has  been  adopted 
by  the  Mormon  leaders.  A  Constitutional  Convention  has  been  called,  a 
constitution  has  been  framed  and  submitted  to  the  Mormon  people  and 
adopted  by  them.  In  this  constitution  is  a  clause  making  polygamy  a  crime, 
to  be  punished  by  fine  and  imprisonment. 


—  52  — 


This  is  the  pretext  by  which  they  hope  to  deceive  Congress,  and  to  gain 
admission  as  a  State.  Professing  to  give  up  this  objectionable  feature  of 
their  religion,  viz.,  polygamy,  they  now  ask  for  Statehood. 

We  call  attention  to  the  following  facts,  which  fully  indicate  the  pur- 
pose of  such  action: 

1.  The  so-called  revelation  on  polygamy  stands  yet  unrepealed  by  any 
authority  from  the  church;  it  is,  therefore,  as  binding  as  ever  upon  the 
whole  Mormon  people. 

2.  Up  to  the  very  meeting  of  this  Constitutional  Convention  men 
brought  before  the  courts  refused  to  promise  to  obey  the  laws  against 
polygamy,  and  are  yet  being  arrested  for  the  same  crime,  and  yet  refusing 
to  obey. 

3.  Up  to  the  present  day  any  Mormon  who  promises  to  obey  the  laws 
against  polygamy,  is  considered  a  traitor  to  his  religion  aud  is  treated  as 
such. 

4.  This  movement  for  Statehood  is  altogether  a  Mormon  movement. 
The  Gentiles  have  taken  no  part  in  it,  and  are  now  a  unit  against  it. 

5.  The  Mormon  people  are  as  firm  believers  in  polygamy  to-day  as  they 
ever  have  been;  they  have  no  disposition  to  give  it  up;  but  through  a 
strange  policy  recently  adopted,  they  have  made  this  sacred  tenet  of  their 
religion  a  crime,  whilst  yet  believing  in  its  divine  origin. 

In  view  of  these  facts  we,  in  common  with  other  loyal  citizens  of  Utah, 
do  most  earnestly  protest  against  this  whole  movenieut,  for  the  following 
reasons: 

1.  Because  there  is  no  sincerity  in  it.  It  is  a  fact  well  known  to  us  who 
are  here,  and  admitted  to  be  such  by  many  Mormons,  that  the  real  inten- 
tion is  not  to  abolish  polygamy,  but  to  obtain  Statehood,  get  entire  control 
of  affairs  iu  Utah  and  thus  defeat  the  execution  of  the  laws.  For  with 
Mormon  judges,  officers  and  jurors,  no  law  against  polygamy  would  be  en- 
forced.  Hence  this  constitutional  clause  against  polygamy  is  only  a  blind. 

2.  Because  it  would  leave  the  power  of  the  priesthood  untouched.  The 
twenty-five  men  to  whom  absolute  obedience  is  pledged  on  the 
part  of  the  people,  would  only  be  intrenched  in  their  present  stronghold. 

3.  Because  it  would  be  a  death  blow  aimed  at  our  American  homes;  it 
would  check  our  Christian  work,  and  give  up  forever  this  entire  Territory 
to  Mormon  rule  and  policy. 

4.  Because  the  whole  scheme  means  treason  against  the  Government 
and  its  laws. 

We  therefore  call  upon  the  ministers  and  members  of  the  Presbyterian 
Church,  North  and  South,  to  raise  their  voices  in  protest  against  this  re- 
ligio-political  chicanery. 


GOVERNOR  WEST  ON  STATEHOOD. 


During  the  past  year  there  have  been  three  convic- 
tions for  polygamy,  and  one  hundred  and  fifty-seven  for 
unlawful  cohabitation. 

CONSTITUTIONAL  CONVENTION  AND  STATEHOOD. 

I  had  occasion  in  my  last  annual  report  to  set  forth 
the  situation  here  as  follows: 

The  all-absorbing  question  in  this  Territory,  dom- 
inating all  others,  hurtfully  affecting  its  prosperity,  im- 
peding its  advancement,  and  disturbing  the  quiet  and 
happiness  of  its  people,  and  the  one  question  of  the  ut- 
most concern  and  solicitude  to  the  whole  country,  is 
the  attitude  of  defiance  assumed  and  maintained  by  the 
Mormon  people,  who  probably  are  five-sixths  of  the 
whole  population,  to  the  law  of  Congress  for  the  sup- 
pression o'f  polygamy,  known  as  the  "Edmunds  law." 
In  all  questions  affecting  the  Mormon  Church  and  peo- 
ple, the  polygamous  and  monogamous  Mormons  make 
common  cause,  stand  together,  and  are  united.  They 
maintain  publicly  through  their  leaders  and  teachers, 
in  their  houses  of  worship,  through  their  press,  and  pri- 
vately in  social  and  business  circles,  that  the  law  is  in- 
famous, an  interference  with,  and  a  denial  to  them  of 
that  religious  freedom  guaranteed  to  all  by  the  Consti- 
tution; of  their  right  and  religious  duty  to  continue  in 
violation  of  the  law  their  polygamous  relations,  and  they 
deny  the  authority  of  Congress  to  regulate  and  inter- 
pose any  restrictions  as  to  the  marital  relation;  that  the 
'obedience  which  they  owe  and  will  cheerfully  render 
to  a  power  higher  than  any  earthly  power  compels 
them  to  exercise  their  religious  rights  and  privileges  in 


—  54  — 


the  face  of  and  in  violation  of  the  law;  that  they  are 
prepared  to,  and  will  if  required  of  them,  sacrifice  their 
personal  comfort,  their  property,  suffer  infinite  impris- 
onment, and  surrender  life  itself  rather  than  yield  and 
promise  obedience  to  the  law  and  forego  the  privileges 
they  claim.  The  Government  can  have  and  hold  but 
one  position  towards  this  people,  which  is  of  easy  state- 
ment. Its  authority  must  be  respected,  its  laws  must 
be  obeyed. 

It  is  true,  however,  that  a  large  majority  of  the 
people  stoutly  and  stubbornly  affirm,  publicly  and  pri- 
vately, that  the  enforcement  of  certain  laws  is  destruc- 
tive of  their  rights  as  freemen,  an  assault  upon  their  re- 
ligion, and  an  invasion  of  the  sanctity  of  their  homes. 
The  minority  with  equal  vigor  and  openness  proclaim 
that  the  practices  of  those  people  are  immoral;  that 
they  are  disloyal  to  the  government,  and  their  attitude 
of  defiance  to  the  laws  interferes  with  the  advancement 
and  prosperity  of  the  Territory, and  inflicts  injury  upon 
all  of  its  interests. 

It  follows  necessarily  that  the  people  here  with  a 
bitterness  of  feeling  are  divided  as  they  are  nowhere 
else  in  the  country.  The  division  is  clear,  distinct  and 
palpable. 

The  causes  of  division,  in  language  not  distin- 
guished for  its  mildness,  are  constantly,  earnestly,  and 
vehemently  discussed  through  the  press,  in  the  houses 
of  worship,  and  in  the  social  circle,  engendering  an  in- 
tense feeling  of  bitterness.  The  vigorous  enforcement 
of  the  unpopular  laws  against  the  people  in  the  major- 
ity, with  a  prospect  of  further  stringent  legislation, 
does  not  tend  to  soothe  or  make  them  more  amiable. 

I  then  recommended  the  enactment  by  Congress  of 
the  Senate  Bill,  as  amended  and  reported  from  the  Ju- 
diciary Committee  of  the  House,  entitled  "An  Act  to 
Amend  an  Act  Entitled  'An  Act  to  Amend  Section 
5352  of  the  Revised  Statutes  of  the  United  States  in 


—  55  — 


reference  to  bigamy  and  for  other  purposes,'  "  approved 
March  22nd,  1882,  as  healthful  and  wise  legislation  for 
the  improvement  of,  and  an  aid  to  the  final  settlement 
of  our  troublesome  condition.  Congress  saw  fit  to  make 
important  modifications  of  said  bill  before  enacting  it. 
But  a  little  more  than  six  months  have  elapsed  since 
the  bill  became  a  law,  yet  within  that  short  period  a 
material  and  wonderful  change  has  taken  place  in  the 
situation  here.  Almost  the  entire  adult  Mormon  popu- 
lation, except  actual  polygamists,  have  professedly 
yielded  the  position  heretofore  maintained  by  them,  and 
held  when  my  last  report  was  made,  and  have  taken 
and  subscribed  to  the  oath,  prescribed  by  law  to  qualify 
themselves  as  electors  and  office  holders. 

[Here  follow  Commissioners'  oath  and  an  account 
of  the  calling  of  the  convention,  the  invitations  to  the 
central  committees  to  join  and  replies,  all  of  which  are 
published  herewith.] 

THE  STATEHOOD  MOVEMENT. 

It  will  be  observed  that  the  movement  for  State- 
hood was  inaugurated  by  the  leaders  of  the  Mormon 
people.  Their  representatives  alone  took  part  in  the 
deliberations  of  the  convention,  and  that  portion  of  the 
people  of  the  Territory  only  favor  and  support  it.  When 
we  remember  how  recently  those  people  avowedly  held 
and  maintained  a  position  which  placed  them  in  opposi- 
tion with  the  Federal  laws,  the  holding  of  which  in  the 
past  had  brought  them  into  conflict  with  the  people 
with  whom  they  lived  in  Ohio,  Missouri  and  Illinois,  and 
in  antagonism  with  all  comers  to  this  Territory  not 
identified  with  them;  when  we  recall  that  a  failure  to 
yield  that  position  would  have  cost  them  the  political 
control,  which  they  have  held  since  the  organization  of 
the  Territory;  that  the  securing  of  Statehood  will  place 
in  their  hands,  and  take  from  Congress  the  power  that 
it  has  been  compelled  to  exercise  to  regulate  and  con- 
trol their  actions  in  accordance  wibh  the  moral  sense 


—  56  — 


of  the  country  and  Christian  civilization;  before  cloth- 
ing them  with  sovereignty  should  not  Congress  wait 
until  the  action  is  suited  to  the  word,  until  their  laud- 
able professions  have  had  time  to  ripen  into  praise- 
worthy works,  until  the  conduct  of  the  people  and  the 
legislation  of  the  Territory  in  consonance  ^ith  their 
professions  are  brought  into  harmony  with  the  general 
views  of  the  country,  and  the  Territory  placed  in  the 
advanced  position  it  would  have  attained  but  for  the 
past  attitude  of  those  who  are  now  asking  the  boon  of 
Statehood? 

In  discussing  and  acting  upon  matters  relative  to  this 
Territory,  it  is  too  often  the  case  that  it  is  forgotten 
that  any  other  than  our  Mormon  fellow  citizens  are 
residents  here.  I  know  that  it  has  been  earnestly  and 
persistently  urged,  that  the  non-Mormons  of  this  Terri- 
tory are  a  set  of  political  adventurers,  who  by  constant 
agitation  and  appeals  to  religious  bigotry  and  prejudice, 
have  sought  to  incite  the  enmity  of  the  country  against 
the  majority,  that  they  might  obtain  political  power  and 
the  opportunity  to  plunder  and  rob  the  Territory.  It  is 
not  true  that  the  non-Mormons  are  of  the  character 
stated,  or  that  they  seek  by  any  means  to  accomplish 
the  purpose  charged.  Accordingly  to  their  nuuber  they 
will  compare  favorably  with  any  people  in  our  land,  and 
have,  I  suppose,  fewer  political  adventurers  among  them 
than  any  portion  of  the  country;  the  absence  of  induce- 
ment making  this  necessarily  so,  as  it  is  a  fact  easy  of 
ascertainment  and  patent  to  every  observer,  that  since 
the  organization  of  the  Territory,  under  past  conditions, 
they  have  never  stood  any  chance  of  political  preferment. 
The  minority  portion  of  our  population  have  been  drawn 
here  by  an  inviting  climate,  a  rich  and  attractive  coun- 
try, with  a  view  to  the  acquiring  of  wealth  and  the 
enjoyment  of  the  comforts  and  blessings  of  life.  They 
number  in  their  ranks,  members  of  all  the  professions, 
Bankers,  Manufacturers,  Merchants  in  all  lines  of  busi- 


—  57  — 


ness,  Farmers,  Stockraisers,  Miners,  Mechanics,  Laborers, 
and  representatives  of  the  various  industrial  pursuits. 
They  have  established  great  business  enterprises,  ac- 
quired much  property  and  wealth,  and  are  interested 
alike  with  our  Mormon  population  in  the  peace,  pros- 
perity and  happiness  of  the  Territory.  It  is  true  they 
have  with  great  unanimity  vigorously  opposed  the 
majority  in  the  upholding  of  and  the  practice  of  polyg- 
amy, and  earnestly  combatted  the  Government  of  the 
State  by  the  church,  maintained  the  supremacy  of  the 
law  and  the  duty  of  the  citizen  to  obey  it,  and  opposed 
priestly  dictation  in  secular  affairs.  I  have  yet  to  know 
or  hear  of  any  one  of  this  class  who  favors  the  admis- 
sion now  of  Utah  as  a  State. 

The  legislation  of  the  last  Congress  for  the  benefit 
of  this  Territory,  having  established  confidence  outside 
of  Utah,  that  the  vexed  question  here  would  be  settled, 
and  the  determined  effort  inaugurated  by  our  business 
men  to  push  forward  the  development  of  the  Territory, 
have  already  accomplished  much  good.  Capital  from 
abroad  has  been  invested  in  the  purchase  of  real  estate 
in  this  and  other  cities  of  the  Territory,  purchasers  are 
still  looking  and  buying,  and  there  is  an  activity  in  the 
real  estate  market  unknown  here  for  years.  From 
knowledge  obtained  by  communication  with  investors 
and  those  who  are  familiar  with  real  estate  operations, 
I  have  a  firm  conviction,  that  a  well  grounded  fear  of 
the  admission  of  Utah  as  a  State  would  stay  our  incom- 
ing tide  of  prosperity,  and  lose  us  the  already  enhanced 
and  increasing  values  of  our  real  estate. 

It  is  more  than  probable,  that  the  question  of  Utah 
as  a  political  factor  in  National  affairs  will  be  considered 
in  connection  with  the  application  for  its  admission  as 
a  State.  Neither  of  the  great  political  parties,  Demo- 
cratic or  Republican,  so  far  as  the  past  history  of  this 
people  is  concerned,  can  lay  claim  with  any  degree  of 
certainty  to  their  support.    Their  political  history  in  the 


—  58  — 

States  is  known;  also,  the  fact  that  always  in  this  Terri- 
tory, they  have  constituted  a  separate  and  distinct 
party,  having  their  own  organization  independent  of 
the  Democrats  and  Republicans,  and  that  all  efforts  to 
draw  them  from  their  own  into  another  party  have 
proven  signal  failures.  They  elect  officers  from  their 
own  numbers,  because  they  are  Mormons,  without  refer- 
ence to  their  being  either  Democratic  or  Republican. 

That  the  majority  of  this  people  have  publicly  pro- 
claimed the  abandonment  of  practices  that  put  them  at 
variance  with  the  country  at  large,  is  matter  of  congrat- 
ulation. A  faithful  adherence  to  the  declarations  now 
made  by  them  means  a  settlement  of  the  long-vexed 
question  here,  and  can  but  inure  to  the  prosperity  and 
happiness  of  this  people. 

Very  respectfully,  your  obedient  servant, 

Caleb  W.  West,  Governor. 

Hon.  L.  Q.  C.  Lamar, 

Secretary  of  the  Interior. 


THE  NEW  CONSTITUTION. 


In  determining  the  question  whether  the  time  is  at 
hand  when  Utah  should  be  admitted  as  a  State,  a  very 
important  consideration  is  involved.  This  is,  are  the 
people  of  the  Territory  dealing  with  the  country  at  large, 
honestly  and  in  good  faith  ?  In  this  article,  it  is  pro- 
posed to  advance  some  few  reasons,  which  indicate  that 
under  the  present  application  is  masked  the  same  hos- 
tility to  free  institutions,  an  d  the  same  opposition  to  the 
restraints  of  wholesome  laws,  which  has  always  marked 
the  histor}^  of  this  strange  people. 

It  is  claimed  by  the  advocates  of  Statehood  for  Utah, 
that  the  instrument  presented  for  the  consideration  of 
the  Congress  of  the  United  States,  is  unobjectionable  in 
its  provisions;  and  that  the  penal  prohibition  against 
polygamy  found  in  Section  12,  Article  15,  is  binding 
upon  the  people  of  the  future  State  for  all  time,  and 
therefore  that  it  is  a  sufficient  guaranty  of  the  good  faith 
and  purpose  of  the  Mormon  people.  It  is  not  perceived 
that  the  provision  of  Section  1,  Article  16,  requiring  the 
consent  of  Congress  to  any  revision,  change  or  amend- 
ment to  Section  12,  Article  15,  adds  any  force  to  the 
argument. 

The  people  of  Utah  have  no  power  to  barter  or  sur- 
render their  right  of  local  self-government.  Neither 
can  they  bind  themselves  nor  those  who  shall  succeed 
them,  by  irrevocable  legislation.  These  propositions 
will  not  be  controverted  by  any  person  who  has  reflected 
upon  the  constitutional  and  political  relations  of  the 
several  States  to  each  other' and  to  the  general  Govern- 
ment.   The  questions,  then,  remain:  are  the  people  who 


—  60  — 

have  presented  this  Constitution  for  the  approval  of 
Congress,  sincere  in  their  professions  apparently  made 
in  this  instrument,  and  have  they  honestly  determined 
to  overthrow  the  very  corner  stone  of  the  faith  which 
has  so  long  fettered  them?  These  questions  must  be 
resolved  by  an  analysis,  in  part  at  least,  of  the  instru- 
ment itself,  in  the  light  of  past  and  present  history. 

For  nearly  forty  years  the  Church  through  its  priest- 
hood, has  taught  the  people,  that  the  regulation  of  the 
marriage  relation  belongs  exclusively  to  ecclesiastical 
authority,  and  any  interference  by  the  State  therewith, 
is  an  unconstitutional  usurpation  of  power.  So  long 
ago  as  1851,  the  General  Assembly  of  the  State  of  Deseret, 
enacted  [C.  L.  Utah  p.  233.]  an  ordinance  purporting  to 
have  the  effect  of  law,  which  incorporated  all  of  the 
inhabitants  of  the  Stated)  who  were  Latter-Day  Saints, 
as  the  Church  of  Jesus  Christ  of  Latter-day  Saints.  Said 
ordinance  declared  that  said  church  '"holds  the  consti- 
tutional and  original  right,"  among  other  things  "  to 
solemnize  marriage  compatible  with  the  revelation  of  Jesus 
Christ"    And  further — 

"That  the  said  Church  does,  and  slr^ll  possess  and  enjoy  continually, 
the  power  and  authority,  in  and  of  itself,  to  originate,  make,  pass,  and 
establish  rules,  regulations,  ordinances,  laws,  customs,  and  criterions,  for 
the  good  order,  safety,  government,  convenience,  comfort  and  control  of 
said  church,  and  for  the  punishment  or  forgiveness  of  all  offences  relative 
to  fellowship,  according  to  church  covenants." 

The  reasons  given  for  these  extraordinary  grants 

of  power,  were,  as  stated  in  the  ordinance — 

"  That  the  pursuit  of  bliss,  and  the  enjoyment  of  life,  in  every  capacity 
of  public  association  and  domestic  happiness,  temporal  expansion,  or  spirit- 
ual increase  upon  the  earth,  may  not  legally  be  questioned." 

Further  provision  was  that  the  church  should  keep  a 
record  of  all  marriages,  births  and  deaths.  This  is  the 
only  law  relative  to  marriage  and  its  solemnization, 
which  the  legislature  of  the  Mormon  people  has  ever 
deemed  proper  to  enact. 

The  reason  is  found  in  the  belief  of  the  people  that 
marriage  is  a  sacrament,  and  that  its  solemnization  and 


—  61  — 


regulation  are  divinely  ordained,  and  by  direct  revela- 
tion the  command  of  God  has  been  communicated  to 
them.  In  short,  the  doctrines  and  teachings  of  the 
church  relative  to  marriage,  are  tenets  of  their  faith, 
)  and,  as  they  say,  a  part  of  their  religious  belief.  It  is 
this  deeply  rooted  and  widespread  conviction,  which  has 
prompted  their  determined  and  defiant  opposition  to 
the  laws  prohibiting  polygamy,  which  they  claim  to  be 
in  violation  of  the  Constitution.  Never,  for  a  moment, 
have  they  renounced  this  position.  The  teachings  of 
the  church  expounding  the  revelation  concerning  plural 
or  polygamous  marriage  have  also  intimate  relation 
with  another  tenet  of  the  faith,  which  must  also  be  con- 
sidered in  determining  the  question  of  good  faith. 

The  doctrine  in  brief  is,  as  the  writer  heard  it  ex- 
pounded by  George  Q.  Cannon  and  Charles  W.  Penrose, 
that  there  are  numberless  souls  or  spirits  in  esse,  which 
can  not  be  fully  saved,  unless  they  be  born  on  the  earth, 
and  descend  into  the  grave  and  thence  be  resurrected. 
That  it  is  the  highest  duty  of  man  and  woman  to  bring 
as  many  children  as  possible  into  being,  each  child  being 
the  medium  of  passing  to  the  higher  exaltation  one  of 
these  spirits.  That  the  greatest  enjoyment  and  exalta- 
tion in  the  life  hereafter  are  reserved  for  those  who 
beget  and  bear  the  most  children,  and  consequently, 
that  the  bringing  forth  of  children  is  one  of  the  highest 
duties  in  life.  As  this  purpose  can  not  be  fully  subserved 
by  man  in  his  marriage  union  with  one  woman,  patri- 
archal or  plural  marriage  is  commanded  by  God,  and 
enjoined  by  the  priesthood,  as  a  religious  duty.  Now, 
in  the  light  of  this  religious  belief,  which  is  rejected 
from  every  act  in  the  history  of  this  people,  what  just 
reason  is  there  for  concluding  that  the  alleged  surrender 
of  religious  principle,  contained  in  the  proposed  Consti- 
tution, is  made  in  good  faith  ?  If  this  people  believes 
the  anti-polygamy  legislation  of  Congress  to  be  con- 
trary to  the  law  of  God,what  must  they  think  of  a  similar 
enactment  to  be  inserted  in  their  own  organic  law  ? 


—  62  — 


By  their  present  application,  assuming  it  to  be  made 
in  good  faith,  they  affirm  to  the  world,  that  the  religious 
convictions  of  a  life  time  have  been  destroyed,  and  that 
they  stand  ready  to  surrender  for  the  sake  of  temporal 
power  one  of  the  most  sacred  tenets  of  their  faith. 

A  change,  so  unusual  and  unprecedented  in  history, 
will  not  impress  the  ordinary  mind  with  the  conviction 
of  attendant  sincerity,in  the  absence  of  explanation.  Par- 
ticularly is  this  true,  since  we  see  no  practical  change 
in  the  attitude  of  the  Mormon  people  toward  the  Federal 
Government.  So  far  as  known  no  effort  is  or  has  been 
made,  by  the  people  themselves,  to  enforce  the  laws 
against  polygamy  and  cohabitation  with  more  than  one 
woman.  Offenders  against  those  laws  still  refuse  future  t 
obedience  thereto,  proudly  leaving  the  criminal's  dock 
with  the  declaration,  that  they  have  no  promises  to  make. 

From  their  pulpits  and  tripods,  the  same  prayers  for 
vengeance  upon  the  government 'and  all  Americans  who 
have  dared  to  question  their  acts,  are  directed  to  God, 
and  through  their  religious  press,  disseminated  among 
the  people. 

The  whole  Territory  is  to-day  in  the  attitude  of 
opposing  the  law^s  of  the  land. 

Let  us  approach  the  consideration  of  the  questions 
involved,  then,  bearing  in  mind  the  fact,  that  there  is  no 
evidence  of  any  change  of  conviction,  or  of  purpose 
even,  shown  by  this  people,  save  such  as  may  be  found 
in  the  instrument  presented  for  the  people,  by  a  num- 
ber of  priests,  who,  the  Church  organ  aptly  says,  were 
acting  in  their  political,  not  their  religious  capacities. 

Let  us  see,  therefore,  what  evidence  the  proposed 
Constitution  itself  affords. 

The  prominent  declaration  in  that  instrument  is  — 

"Sec.  12.  Art.  15:  Bigamy  and  polygamy  being  considered  incompati- 
ble with  a  republican  form  of  government,  each  of  them  is  hereby  for- 
bidden and  declared  a  misdemeanor." 

The  framers  of  the  instrument  have  very  carefully 

omitted  to  include  in  the  foregoing  clause,  a  prohibi- 


—  63  — 


tion  against  patriarchal,  plural  or  celestial  marriages. 
This  omission  becomes  significant  when  it  is  considered 
that  the  church  makes  a  broad  distinction  between  big- 
amy or  polygamy  and  the  patriarchal,  plural  or  celes- 
tial marriage  authorized  by  its  creed.  Bigamy,  say  the 
Mormon  priests,  is  a  crime  against  the  wife  and  against 
God. 

The  taking  of  a  second  wife  by  a  man  not  a  member 
of  the  Mormon  Church,  nor  a  believer  in  its  doctrines,  is 
a  violation  of  the  contract  with  the  wife,  and  being 
against  her  will,  is  criminal.  It  is  an  offense  against 
God,  because  He  has  only  granted  the  privilege  of 
plural  marriage  to  his  own  people,  and  only  upon  con- 
dition that  the  true  wife  consents.  This  consent  in 
many  instances  is  inferred  from  her  marriage  vows,  in 
others,  is  expressly  given  or  extorted,  but  in  every  case, 
(they  say)  is  a  pre-requisite  to  a  valid  plural  marriage. 
Plural  or  celestial,  also  called  patriarchal  marriage, 
say  they,  wrongs  no  one.  All  of  the  parties  in  interest 
consent,  and  it  is  in  accordance  with  divine  law. 

Such  marriages  are  not  bigamous  nor  polygamous 
in  the  sense  of  the  laws  prohibiting  bigamy  and  polyg- 
amy. In  fine,  they  make  and  declare  a  clear  distinction 
between  bigamy  or  polygamy  as  understood  and  defined 
in  the  laws  of  all  civilized  States,  and  their  own  plural 
or  celestial  marriage. 

In  the  light  of  this  distinction,  they  are  willing  to 
provide  penalties  for  offenses  which  could  only  be  com- 
mitted by  persons  not  of  their  faith.  Let  us  look  a  little 
further.  There  is  no  prohibition  against  cohabitation 
with  more  than  one  woman.  The  living  together  as 
man  and  wife  with  all  of  the  usual  and  ordinary  con- 
sequences, is  the  practical  result  of  marriage,  monoga- 
mous or  polygamous.  This  practical  relation  of  polyga- 
mous marriage  is  just  as  detrimental  to  the  interests  of 
society  as  the  act  by  which  the  marriage  status  is  created. 
In  this  view  Congress  has  heretofore  prohibited  by 


—  G4  — 


stringent  legislation  the  continuance  of  polygamous 
plural  or  celestial  marriage  association.  But  the  people 
of  Utah  do  not  intend  to  so  restrict  themselves.  The 
twelve  or  thirteen  thousand  heads  of  patriarchal  or  plu- 
ral households  are  to  be  permitted  to  enjoy  in  the 
future,  all  the  privileges  resulting  from  their  peculiar 
marriage  status,  and  to  harvest  year  by  year,  new  crops 
of  illegitimate  children.  It  would  seem  that  Congress 
owes  a  sacred  duty  to  these  children  yet  unborn.  Fur- 
ther, by  this  instrument  all  polygamists  are  restored  to 
the  franchise.  A  conviction  of  bigamy  or  polygamy 
does  not  disqualify  the  convict  as  a  voter,  as  the  crime 
is  not  made  a  felony.  [Sec.  1,  Article  2.]  The  effect  of 
participation  in  the  political  affairs  of  the  State,  by 
this  large  body  of  polygamists.  may  be  easily  imagined. 
Clearly,  there  is  no  evidence  in  this  instrument  of  in- 
tention to  make  this  class  of  offenses  odious.  In  this 
immediate  connection  may  properly  be  considered  the 
declaration: 

"Sec.  4,  Art.  1:  The  right  to  worship  God  according  to  the  dictates  of 
conscience  shall  never  he  infringed;  nor  shall  the  State  make  any  law 
respecting  an  establishment  of  religion  or  prohibiting  the  free  exercise 
thereof;  nor  shall  any  control  or  interference  with  the  rights  of  conscience 
be  permitted." 

The  makers  of  this  declaration  have  made  conspicu- 
ous by  their  absence,  the  explanatory  and  qualifying 
provisos,  which  first  appear  in  the  colonial  charter  to 
Rhode  Island,  and  are  now  contained  in  the  Constitu- 
tions of  the  several  States,  i.  e.,  that  liberty  of  con- 
science so  secured  shall  not  be  construed  to  excuse  acts 
of  licentiousness  or  justify  practices  inconsistent  with 
the  peace,  good  order,  or  safety  of  the  State. 

Reading  this  instrument  between  the  lines,  the  rea- 
son of  the  omissions  hereinbefore  pointed  out,  is  ap- 
parent. 

If  bigamy  and  polygamy  are  really  intended,  as  de- 
fined in  Section  12,  Article  15,  to  include  plural,  patri- 
archal or  celestial  marriage,  and  the  declaration  of  that 


—  65  — 


section  to  voice  the  sentiment  of  the  people,  as  being 
opposed  to  all  forms  and  kinds  of  marriage  except  the 
monogamons  relation,  naturally  one  would  expect  to 
find  in  the  instrument,  a  condemnation  of  acts  which 

*  are  universally  decried  as  licentious  and  inconsistent 
with  the  good  order,  etc.,  of  the  State.  We  find  no  such 
condemnation,  but  on  the  contrary  do  find  the  emphatic 
announcement  that  no  interference  with  the  rights  of 
conscience  shall  be  permitted. 

What  rights  of  conscience  are  referred  to  is  left  for 
future  construction.  We  do  know,  however,  that  the 
entire  Mormon  people  (who  are  to  administer  this  law 
if  Statehood  is  granted)  deem  the  right  to  take  and  live 
with  many  wives,  as  one  of  the  dearest  and  most  sacred 
rights  of  conscience.  Here,  then,  is  the  true  construc- 
tion of  section  12,  article  15  and  section  4,  article  1: 
"No  man  may  commit  bigamy  or  polygamy,  as  we  de~ 

t  fine  those  offences,  but  every  true  believer  in  the  church, 
who  obeys  the  revelation  and  enters  into  patriarchal, 
plural  or  celestial  marriage,  is  not  within  the  law,  and 
"  as  he  believes  the  principle  of  such  marriage  to  be  a 
doctrine  of  religious  faith,  may  live  with  his  wives,  and 
no  control  or  interference  with  his  right  of  conscience 
in  this  regard  shall  be  permitted."  If  this  is  not  the 
true  intent  of  this  instrument,  we  ask,  why  is  it  that  the 
language  of  the  Congressional  Act  of  1882,  is  not  fol- 
lowed? 

To  avoid  all  quibbles,  Congress  found  it  necessary 
to  define  in  terms  the  particular  kinds  of  marriage  pro- 
hibited. And  why,  were  not  the  words  "patriarchal" 
"plural"  or  "celestial,"  which  have  a  settled  significance 
and  meaning  in  Utah,  employed  in  the  definition  of  the 
offense?  Was  it  because  of  the  intention  to  make  the 
distinction  hereinbefore  adverted  to?  Another  signifi- 
cant fact  presents  itself  in  this  connection.  Granting 
for  the  sake  of  the  argument  that  section  12,  article  15, 
will  be  construed  to  include  Mormon  plural  or  celestial 


—  66  — 


marriages,  it  must  be  remembered  that  these  are  sol- 
emnized in  the  temples,  and  as  the  evidence  given  in 
the  courts  here  shows,  without  witnesses.  The  diffi- 
culty in  obtaining  evidence  of  the  marriage  would  be 
so  great  as  to  practically  result  in  defeating  the  opera- 
tion of  the  law.  Again,  there  is  nothing  to  prevent  the 
legislature  from  so  framing  the  rules  of  evidence  in 
such  cases,  as  to  render  prosecutions  useless.  By  requir- 
ing record  evidence  of,  or  the  testimony  of  eye-witnesses 
to,  the  first  marriage,  and  by  making  the  plural  or  polyg- 
amous wife  an  incompetent  witness,  the  Constitutional 
provision  would  be  made  ineffectual.  It  must  be  borne 
in  mind  that  we  are  not  dealing  with  a  people  who  are 
friendly  to  legislation  of  this  kind.  The  entire  mass  of 
the  community  is  hostile  to  it,  and  whether  its  prohibi- 
tions are  found  in  organic  law  or  legislative  act,  we  may 
expect  to  find,  in  the  future  as  in  the  past,  the  people 
negatively,  at  least,  opposing  their  enforcement.  The 
difficulties  adverted  to,  cannot  be  overestimated.  The 
history  of  the  courts  in  the  Territory  emphasizes  the 
suggestions  here  made.  In  the  twenty  years  interven- 
ing between  the  enactment  of  the  first  anti-polygamy 
law  and  the  passage  of  the  Edmunds  bill,  (1882)  there 
was  one  conviction  for  polygamy.  During  the  past 
three  years,  while  the  Government  was  using  every 
effort  with  money  and  willing  and  -zealous  officers,  to 
enforce  its  laws,  just  four  convictions  for  polygamy  were 
obtained.  On  the  other  hand,  hundreds  of  men  were 
sentenced  for  unlawful  cohabitation.  The  reason  for 
this  difference  is  plain.  A  man  commits  polygamy  in 
the  secret  chambers  of  the  temple,  into  which  no  pro- 
fane may  enter.  The  only  witnesses  are  the  high 
priests  who  officiate,  who  are  bound  by  solemn  vows 
against  disclosures.  The  Government  may  prove  that 
the  man  entered  the  temple,  but  it  cannot  prove  the 
marriage.  Ordinary  prudence  and  circumspection  will 
enable  the  offenders  to   elude    the  officers  until  the 


expiration  of  three  years,  the  period  of  limitation.  On 
the  other  hand,  it  is  comparatively  easy  to  make  the 
proof  required  to  convict  for  unlawful  cohabitation. 
The  association  of  a  man  with  more  than  one  woman  as 
his  wives,  of  necessity  has  some  publicity  about  it.  It 
gets  out  of  doors,  and  is  seen  and  observed  by  the  world. 

So  also  the  failure  to  define  the  property  rights  of 
wives  and  to  provide  for  their  protection  has  its  pecu- 
liar significance.  Under  the  Constitution,  women  have 
no  rights  men  are  bound  to  respect;  neither  right  of 
dower  nor  interest  in  the  community  property  is  pro- 
vided for.  This  is  in  accordance  with  the  policy  of  the 
Mormon  Church.  During  all  the  years  of  its  existence 
and  power,  it  has  strengthened  its  polygamous  hand,  by 
ignoring  all  distinction  between  lawful  and  unlawful 
wives,subjecting  all  alike  so  far  as  property  rights  were 
concerned,  to  the  caprices  of  the  male  head  of  the  house- 
hold. With  no  rights  in  the  property  of  the  husband, 
save  those  he  chooses  to  give  her,  the  first  wife,  with 
her  children,  is  practically  at  his  mercy.  He  may  aban- 
don her  for  another,  or  he  may  coerce  her  consent  (?)  to 
his  second  or  other  marriage,  and  when  the  end  comes, 
may  leave  her  in  her  age  to  poverty  and  want,  while 
the  younger  and  fairer  additions  to  his  establishment 
succeed  to  all  his  temporal  wealth. 

The  Congress  of  the  United  States  should  consider 
well  this  question.  But  yesterday  it  deemed  it  neces- 
sary for  the  protection  of  women  in  Utah,  to  grant  the 
dower  right  to  them.  It  was  thought,  and  rightly, 
that  it  was  one  of  the  means  for  the  regeneration  of 
the  Territory.  It  may  be  said  that  the  regulation  of 
property  rights  of  women  is  peculiarly  within  the 
province  of  the  local  sovereignty,  and  that  every  State 
must  determine  such  questions  for  itself.  This  is  true 
as  a  general  rule,  but  we  are  considering  now  the  good 
faith  of  the  people  seeking  a  State  Government,  and  in 
the  light  of  their  history,  may  judge  of  the  purpose  of 
these  omissions. 


—  68  — 


Again,  there  is  no  guaranty  in  this  instrument  of 
the  freedom  of  speech  and  of  the  press. 

Sec.  11,  Article  1.  The  provision  is,  that  the  State 
shall  pass  no  law  abridging  the  freedom  of  speech  or 
of  the  press.  This  is  all.  There  is  no  declaration  that 
the  citizen  may  speak,  write  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  only  for  the  ' 
abuse  of  that  right;  nor  that  the  truth  may  be  given 
in  evidence  in  civil  and  criminal  suits  as  a  defense. 

If  it  were  intended  to  leave  it  open  for  the  Legis- 
lature, by  enactment,  to  restore  the  law  of  libel  as  it 
was  when  the  great  oratory  of  Erskine  awakened  the 
conscience  of  all  England,  the  result  has  been  accom- 
plished. Note  here,  the  provisions  relative  to  courts 
and  juries. 

"Section  1,  Article  6:  The  judicial  power  is  to  be  vested  in  a  Supreme, 
Circuit,  and  such  inferior  courts  as  shall  be  established  by  law." 

"Sec.  5,  Article  1:  The  right  of  trial  by  jury  still  remains  inviolate; 
except  that  in  the  inferior  courts  a  number  less  than  twelve  may  constitute 
a  jury." 

"Sec.  6,  Article  6:  The  Legislature  m  ly  confer  limited  common  law 
and  chancery  jurisdiction  on  inferior  courts."  t 

Here  we  have  the  authority  for  the  erection  by  the 
Legislature  of  special  tribunals,  which  may  sit  with 
juries  of  less  than  twelve.  The  judges  thereof  will  be 
creatures  of  the  Legislature,  and  dependent  on  it  for 
their  tenures  and  emoluments.  Such  tribunals,  with- 
out Constitutional  restraint,  might  be  made  terrible  en- 
gines of  oppression,  should  the  ecclesiastical  power 
deem  it  necessary  to  prevent  all  hostile  criticism  of  its 
creed  or  acts.  It  is  idle  to  assume,  that  in  Utah  the 
Church  will  not  dominate  the  State.  There  will  be  no 
State,  it  will  be  all  Church. 

The  declaration  (Sec.  3,  Article  1)  against  the  union 
of  Church  and  State,  has  but  little  weight,  in  viewt)f 
the  fact  that  it  is  made  by  a  community  of  one  hun- 
dred and  fifty  thousand  people,  who  assert  as  an  ar- 
ticle of  their  faith,  that  they  are  a  people  set  apart  by 


—  69  — 


God,  for  the  accomplishment  of  a  great  divine  purpose, 
to  which  end  they  must  yield  implicit  obedience  to 
their  elders  and  priests,  in  temporal  as  well  as  spirit- 
ual affairs,  and  who  believe  that  they  are  in  direct 
and  actual  communication  with  the  Almighty,  and  that 
He  directs  their  affairs  by  revelation. 

Berne mber  that  this  people  is  made  up  largely  of 
men  and  women  of  alien  birth,  who,  impelled  by  su- 
perstition, sought  Utah,  not  as  an  asylum  where  they 
could  worship  God  according  to  their  own  consciences, 
but  as  the  place  of  His  Kingdom.  They  came  here  to 
aid  in  "building  up  the  kingdom,"  and  in  the  full  belief 
that  in  time,  they,  His  chosen  people,  shall  govern  the 
temporal  affairs  of  earth.  This  is  the  one  great  object, 
(as  the  people  are  taught  and  believe.)  of  the  "gather- 
ing of  the  Saints  in  these  valleys."  The  promises  of 
their  revelation  convince  them  that  all  who  have  been 
faithful  and  loyal  to  the  church  in  this  work,  will  reap 
the  promised  reward,  that  is  to  say,  the  men  will  all 
be  kings,  and  the  women  queens  in  the  life  to  come. 
They  have  never  breathed  the  air  of  freedom,  and  have 
no  idea  of  allegiance  to  the  common  country.  Every- 
thing is  subordinated  to  a  creed,  which  with  remorse- 
less power  has  bound  the  fetters  of  its  superstition 
about  the  brains  of  its  devotees. 

It  is  the  spirit  of  loyalty  to  their  faith,  which 
prompts  men,  day  by  day,  to  refuse  to  promise  to  obey 
the  laws  of  the  land.  When  we  we  see  men,  by  hundreds, 
refusing  to  take  the  oaths  prescribed  by  law,  and  there- 
by disqualifying  themselves  as  jurors  and  voters;  when 
we  find  them  going  to  prison  by  scores,  rather  than  in- 
dicate the  ir  intentions  to  live  within  the  law,  when 
we  hear  such  persons  commended  and  extolled  from 
every  Mormon  pulpit  in  Utah,  as  martyrs  to  the  cause 
of  religious  liberty,  when  ostracism  and  persecution  await 
and  follow  the  man  who  dares  to  announce  his  intention 
of  yielding  obedience  to  the  laws  of  his  country;  when 


—  70  — 


we  ascertain  that  there  are  Church  tribunals,  which 
have  jurisdiction  to  determine  questions  of  property  and 
status,  between  all  members  of  the  organization,  and 
whose  decrees  are  held  to  be  of  more  binding  force  than 
the  judgments  of  the  judicial  courts:  may  we  not  con- 
clude that  the  leaven  of  ecclesiastical  power  is  working 
among  the  people,  and  that  the  declaration  there  shall 
be  no  union  of  Church  and  State,  is  full  of  sound  but 
contains  no  substance? 

Can  we  doubt  that  when  such  a  people  are  freed 
from  the  restraints  of  Federal  power,  all  their  laws  and 
methods  of  procedure,  will  be  made  to  conform  to  the 
injunction  of  the  Almighty  as  the  same  is  revealed  through 
the  priest?  And  are  the  people  of  the  United  States 
willing  to  commit  the  lives,  liberties  and  properties  of 
thousands  of  their  fellow  citizens  to  the  keeping  of  a 
majority,  which  has  surrendered  its  conscience  and 
thought  to  its  religious  teachers,  w  ho  hold  a  power  in 
temporal  affairs,  unparalleled  in  history. 

Are  they  ready  now  to  lay  the  foundations  for  a 
State,  in  the  very  heart  of  the  Republic,  which  in  its 
people  and  institutions,  will  be  alien  to  every  principle 
of  American  Government,  antagonistic  to  real  religious 
liberty,  and  hostile  to  all  intellectual  development? 

There  are  many  other  objectionable  features  in  the 
instrument  under  consideration,  which  clearly  indicate 
the  hand  of  the  church.  It  is  impossible  in  the  'limits 
of  this  article  to  enumerate,  much  less  discuss  them.  A 
careful  comparison  made  with  the  Constitution  of  Ne- 
vada, which  is  claimed  to  be  the  source  of  Utah's  inspi- 
ration, will  demonstrate  the  fact  that  very  many  of  the 
provisions  inserted  for  the  protection  of  the  State,  are 
carefully  and  with  discrimination  eliminated  here.  Prom- 
inent among  those,  is  the  prohibition  against  perpetui- 
ties. Neither  do  we  find  any  kind  of  declaration  in  the 
Utah  instrument  against  the  unlimited  accumulation  of 
property  by  the  Church.  In  this  particular  this  people 
is  not  in  accord  with  the  spirit  of  the  age,  which  deems 


the  gathering  of  large  amounts  of  property  into  the 
dead  hand  as  inimical  to  free  institutions  and  the  best 
interests  of  society.  \ 

In  conclusion,  it  may  be  said,  that  it  will  be  easy 
for  the  people  of  Utah  to  show  their  good  faith  and  hon- 
esty of  purpose.  If  it  be  true  that  they  have  experienced 
a  change  of  heart,  and  are  now  animated  by  a  desire  to 
bring  the  Territory  on  to  the  plane  of  a  higher  and  bet- 
ter civilization,  such  faith  and  purpose  may  be  easily 
manifested.  Every  member  of  the  convention  which 
framed  the  constitution  is  a  member  of  the  priesthood, 
and  nearly  every  one  has  been  returned  by  the  people 
to  the  Legislature,  which  is  to  convene  in  January  next  , 

Let  these  gentlemen  enact  a  system  of  laws  for 
their  people,  which  will  evidence  their  intent  to  put  the 
past  behind  them.  Let  them  say,  by  appropriate  enact- 
ment, that  cohabitation  with  more  than  one  woman, 
whether  under  the  guise  of  marriage  or  not,  and  the, 
consequent  bringing  of  bastard  children  into  the  world, 
is  a  crime  against  society,deserving  the  severest  of  pun- 
ishment. Let  them  say,  that  the  wife  who  gives  her 
virginity,  her  youth  and  her  age  to  the  husband  of  her 
choice,  must  be  honored  and  protected,  not  only  by 
him,  but  by  the  State. 

Let  them  also  provide  by  proper  laws  against  the 
encroachments  of  ecclesiastical  power,  and  thus  show 
their  independence  of  the  priests  who  gave  them  their 
places,  and  then  let  all  the  people  cheerfully  obey  the 
laws  so  enacted,  and  aid  to  enforce  them.  When  these 
things  are  done,  it  will  be  time  enough  to  consider  the 
question  of  Statehood.  Until  some  sort  of  understand- 
ing and  recognition  of  duties  which  they  owe  to  them- 
selves and  the  people  ot  the  United  States,  are  mani- 
fested by  the  people  of  Utah,  and  such  understanding 
and  recognition  finds  prominent  place  in  their  pro- 
posed organic  law,  the  well-being  and  safety  of  the 
country  require  that  they  should  still  remain  subject 
to  Federal  authority. 


CONCLUSION. 


The  above  is  the  situation  in  Utah  as  seen  by  the 
most  eminent  men  of  the  Territory,  and  they  give  their 
opinions  after  long  years  of  observation.  It  will  be  seen 
that  the  movement  for  Statehood  is  a  direct  fraud,  that 
could  it  be  carried  through  it  would  be  the  consumma- 
tion of  the  monstrous  crime  of  surrounding  a  Theocratic 
government,  a  government  opposed  in  all  things  to  this 
Republic,  with  the  defenses  of  Statehood.  The  spirit  of 
that  Theocracy  has  not  changed  in  the  least  since  it  was 
intolerable  to  the  men  of  Missouri  and  Illinois.  The 
seeming  concessions  are  made  simply  because  of  the 
stress  which  the  laws  are  "bringing  upon  the  illegal  prac- 
tices of  the  Mormon  people,  and  their  prayer  for  State- 
hood is  simply  a  struggle  to  obtain  the  power  to  follow 
their  own  devices  and  to  defy  the  Republic's  sovereignty. 
For  Congress  to  listen  to  their  appeal  would  bethe  crime 
of  the  century. 

The  following  paragraph  from  the  decision  of  the 
Supreme  Court  of  Utah  Territory  in  the  case  of  the 
United  States  vs.  the  the  Church  of  Jesus  Christ  of 
Latter-day  Saints  may  appropriately,  close  this  case: 

This  corporation,  at  the  time  of  its  organization,  embraced  nine-tenths 
of  the  inhabitants  of  the  Territory,— many  thousands  of  people.  At  the 
present  time  it  includes  probably  more  than  120  000,  and  if,  in  the  future, 
people  should  continue  to  be  gathered  in  from  all  quarters  of  the  globe  as 
they  have  in  the  past,  their  number  at  no  distant  day  will  reach  a  quarter 
of  a  million.  The  corporation  extends  over  the  whole  Territory,  including 
numerous  cougregations  in  various  localities.  At  the  head  of  this  corpo- 
rate body  according  to  the  faith  professed,  is  a  seer  and  revelator,  who 
receives  in  revelation  the  will  of  the  Infinite  God  concerning  the  duty  of 
man  to  himself,  to  his  fellow-beings,  to  society,  to  human  government,  and 
to  God.  Tn  subordination  to  this  head  are  a  vast  number  of  officers  of 
various  kinds  and  descriptions,  comprising  a  most  minute  and  complete 
organization.  The  people  comprising  this  organization  claim  to  be  di- 
rected and  led  by  inspiration  that  is  above  all  human  wisdom,  and  subject 
to  a  power  above  all  municipal  government,-- -above  all  "  man-made  laws." 
These  facts  belong  to  history,  therefore  we  have  taken  notice  of  them, 


